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General Code E-Code: Town of Barnstable, MA Page 6 of 97
B. A tent maintained or occupied for living or business purposes, except as permitted in §240-9D above.
[Amended 2-22-1996 by Order No. 95-194]
C. A trailer parked, stored or occupied for living or business purposes, except as specifically provided for in
§240-9 herein.
D. Hotels and motels in Precincts 1,2, 4, 6, and 7 as existing on November 9, 1983, except in the IND Limited
and IND Industrial Districts.
ARTICLE III District Regulations
§240-11. RB, RD-1 and RF-2 Residential Districts.
A. Principal permitted uses.The following uses are permitted in the RB, RD-1 and RF-2 Districts:
(1) Single-family residential dwelling (detached).
B. Accessory uses.The following uses are permitted as accessory uses in the RB, RD-1 and RF-2 Districts:
(1) Renting of rooms for not more than three nonfamily members by the family residing in a single-family
dwelling. [Amended 11-7-1987 by Art. 12]
(2) Keeping, stabling and maintenance of horses subject to the following:
(a) Horses are not kept for economic gain.
(b) A minimum of 21,780 square feet of lot area is provided, except that an additional 10,890 square
feet of lot area for each horse in excess of two shall be provided.
(c) All state and local health regulations are complied with.
(d) Adequate fencing is installed and maintained to contain the horses within the property, except
that the use of barbed wire is prohibited.
(e) All structures, including riding rings and fences to contain horses, conform to 50%of the setback
requirements of the district in which located.
(f) No temporary buildings,tents,trailers or packing crates are used.
(g) The area is landscaped to harmonize with the character of the neighborhood.
(h) The land is maintained so as. not to create a nuisance.
(i) No outside artificial lighting is used beyond that normally used in residential districts.
C. Conditional uses.The following uses are permitted as conditional uses in the RB, RD-1 and RF-2 Districts,
provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of
§240-125C herein and the specific standards for such conditional uses as required in this section:
(1) Renting of rooms to no more than six lodgers in one multiple-unit dwelling.
(2) Public or private regulation golf courses subject to the following:
.(a) A minimum length of 1,000 yards is provided for a nine-hole course and 2,000 yards for an
eighteen-hole course.
(b) No accessory buildings are located on the premises except those for storage of golf course
maintenance equipment and materials, golf carts, a pro shop for the sale of golf related articles,
rest rooms, shower facilities and locker rooms.
(3) Keeping, stabling and maintenance of horses in excess of the density provisions of SubsectionB(2)(b)
herein, either on the same.or adjacent lot as the principal building to which such use is accessory.
(4) (Reserved)Editor's Note: Former Subsection C(4),regarding family apartments,was repealed 11-16-2004 by Order No.
2005-026.See now§240-47.1.
(5) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but
only as an accessory use. (`
(6) Bed-and-breakfast. [Added 2-20.1997]
11 0P7nnG
General Code E-Code: Town of Barnstable, MA Page 7 of 97
(a) Intent: It is the intent of this section to allow bed-and-breakfast operations in larger older homes
to provide an adaptive reuse for these structures and, in so doing, encourage the maintenance
and enhancement of older buildings which are part of the community character. This use will also
create low-intensity accommodations for tourist and visitors and enhance the economic climate
of the Town. By requiring that the operation is owner occupied and managed, the Town seeks to
ensure that the use will be properly managed and well maintained. .
(b) Bed-and-breakfast, subject to the following conditions:
(1] The bed-and-breakfast operation shall be located within an existing, owner-occupied single-
family residential dwelling constructed prior to 1970 containing a minimum of four bedrooms
as of December 1, 1996.
[2] No more than three bedrooms shall be rented for bed-and-breakfast to a total of six guests
at any one time. For the purpose of this section, children under the age of 12 years shall not
be considered in the total number of guests.
[3] No cooking facilities including but not limited to stoves, microwave ovens, toaster ovens and
hot plates shall be available to guests, and no meals except breakfast shall be served to
guests.
[4] The owner of the property shall be responsible for the operation of the property and shall be
resident when the bed-and-breakfast is in operation. The owner shall file an affidavit with
the Building.Commissioner on an annual basis in the month of January stating that the
property is the principal residence of the owner and that the owner is resident all times that
the.bed-and-breakfast is being operated. If the affidavit is not filed, the operation shall
cease forthwith and any special permit issued shall be considered null and void.The
requirement for filing of an affidavit shall not apply to bed-and-breakfast operations legally
established prior to October 1, 1996.
[5] The single-family residence in which the bed-and-breakfast operation is located shall be
maintained so that the appearance of the building and grounds remain that of a single-
family residence.
[6] If the property is not served by public water, the applicant shall provide evidence to the
Zoning Board of Appeals that the proposed use will not have any detrimental impact on any
private water supply on site or off site.
[7] No parking shall be located,in any required building yard setback, and parking areas shall
be screened from adjoining residential properties by a fence or dense plantings, not less
than five feet in height. Parking areas may be permitted in front of the house, not within the
required building front yard setback, provided that the Zoning Board of Appeals finds that
_the spaces are designed and located in a manner which retains the residential_character of
the property. Grass overflow areas may be utilized for parking, provided these are
maintained with a grass ground cover in good condition.
[8] The special permit for the bed-and-breakfast conditional use operation shall be issued to
the owner only and is not transferable to a subsequent property owner.This provision shall
only apply to bed-and-breakfast conditional use operations established in residential
districts.
D. Special permit uses. The following uses are permitted as special permit uses in the RB, RD-1 and RF-2
Districts, provided a special permit is first obtained from the Planning Board:
(1) Open space residential developments subject to the provisions of§240-17 herein.
E. Bulk regulations.
Minimum Yard
Setbacks
t (feet)
Minimum Maximum
Minimum Lot Lot - Minimum Lot Building
http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoc&DocId=54&Index=C... 7/19/2605
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY
416.4 Fire Protection. An automatic fire- 418.6 Finished Products. Storage rooms for
extinguishing_system shall be provided in all spray, finished products that are flammable or combustible
dip and immersing spaces and storage rooms, and liquids shall be separated from the processing area
shall be installed in accordance with 780 CMR 9.00, by fire barriers having a fire-resistance rating of at
least two hours,and openings in the walls shall be
[F)780 CMR 417.0 DRYING ROOMS protected with approved opening protectives.
417.1 General. A drying room or dry kiln installed 780 CMR 419.0 MOBILE UNITS
within a building shall be constructed entirely,of 419.1 For regulations pertaining to Mobile Units,
approved noncombustible materials or assemblies of . see 780 CMR 35, and 780 CMR IIO.R3.
such materials regulated by the'approved rules or as
required in the general and specific sections of 780 CMR 420.0 SWBD41NG POOLS
780 CMR 4.00 for special occupancies and where
applicable to the general requirements of 780 CMR 420.1 General. See Appendix 120.M.
28.00.
780 CMR 421.0 GROUP RESIDENCE
417.2 Piping Clearance. Overhead heating pipes
shall have a clearance of not less than two inches(51 421.1 Scope. Except as may otherwise be
mm)from combustible contents in the dryer. specifically provided for in 780 CMR 421.0, the
requirements of 780 CMR, in its entirety, and as
417.3 Insulation. Where the operating temperature applicable, shall apply.
of the dryer is 175°F (79°C) or more, metal
421.1.1 Department of Mental Retardation
enclosures shall be insulated from adjacent (DMR)Group Homes. 780 CMR 421.0 shall not
combustible materials by not less than 12 inches apply to premises operated or licensed by the
(305 mm) of airspace, or the metal walls shall be Department of Mental Retardation (DMR)
lined with r/a-inch(6.35 mm)insulating mill board or pursuant to 115 CMR 7.00 arui 8.00, upon the
other approved equivalent insulation. completion of a DMR safety assessment for each
417.4 Fire Protection. Drying rooms designed for individual and an approved safety plan for each
high-hazard materials and processes, including location where services and supports are
special occupancies as provided for in 780 CMR provided. Such premises shall be treated as
4.00, shall be protected by an approved automatic conventional R-4, R-3, R-2 and R-1 use as
fire-extinguishing system conforming to the applicable.
provisions of 780 CMR 9.00. 421.2 Definition. A group residence is a premise
licensed by or operated by an agency of the
[F]780 CMR 418.ORGANIC
COATINGS Commonwealth of Massachusetts or subdivision
418.1 Building Features. Manufacturing of organic thereof, as a special residence for those who are
coatings shall be done only in buildings that do not capable of self-preservation in the categories listed
have pits or basements. in 780 CMR 421.2 Items 1.through 3.:
1. not more than 12 unrelated persons between
418.2 Location. Organic coating manufacturing the ages of seven through 15 years of age;or
operations and operations incidental to or connected 2. not more than 25 unrelated persons,l6 years
therewith shall not be located in buildings having of age or older;or
other occupancies. 3. a combination of 780 CMR 423.2 Items 1.
418.3 Process Mills. Mills operating with close and 2.consisting of not more than 18 unrelated
clearances and that process flammable and heat- persons over seven years of age calculated at the
sensitive materials, such as nitrocellulose, shall be rate of two such persons, or portion thereof,
located in a detached building or noncombustible from Item 2. being equal to.one such person in
structure. Item 1.all in accordance with Table 42.7.2.
Note:In determining the classification for
418.4 Tank Storage, Storage areas for flammable proposed use,group residence shall not be
and combustible liquid tanks inside of structures construed as being similar in any way to a
shall be.located at or above grade and shall be multifamily dwelling, two-family dwelling,
separated from the processing area by not less than boarding house, lodging house,dormitory,
two-hour fire-resistance-rated fire barriers. hotel,school or institution of any kind. For
418.5 Nitrocellulose Storage. Nitrocellulose the purposes of 780 CMR,it shall be treated
storage shall be located on a detached pad or in a as a single family residential building.
separate structure or a room enclosed with no less
than two-hour fire-resistance-rated fire barriers.
8/22/08 (Effective 9/1/08) 780 CMR-Seventh Edition 103
r
780-CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
TABLE 421.2 GROUP RESIDENCE- residence under 780 CMR 421.0. The floor plans
MAXIMUM CAPACITY,COMBINATION shall show all rooms, spaces, closets, doors,
OF CATEGORIES corridors,windows,stairsandstairways,hazardous
Category Number of Residents per Category vertical openings and the location of all required
Number fire warning equipment and proposed fire
Category 1 12 11 10 9 8 7 6 5 4 3 2 1 0 suppression equipment.
Category 2 0 2 4 618 110112113114 15116117 25
Maximum total 12 13 14 15 1611711811811.8 1811,8118 25 42L5 Hazardous Contents. Any contents which
residents represent a fire hazard greater than that which -
could be expected of ordinary household furnishings,
421.2.1 Special Definitions. For the purpose of shall not be allowed Storage shall not be allowed
780 CMR 421.0, the following terms shall be above the second floor.
defined exclusively for use with group residences: 421.5.1 Interior Finish. Only Class I and Class
II interior finish materials shall be allowed in the
Authorized Inspectors. The state or local principal means of egress. In refinishing any
building official having jurisdiction and a other area, material having a Class III flame
representative of the licensing or operating spread rating shall be allowed provided it does
agency having jurisdiction. not decrease the existing rating. The smoke
Egress.:A continuous unobstructed path of travel contribution rating of any material shall not
from any space in a building to the open air exceed 450(see 780 CMR 704.0).
outside at grade. 421.5.2 Exception. In existing buildings, the
Escape Route. To reduce the possibility of required flame spread or smoke development
entrapment in the event that the principal means classification of interiorsurfaces maybe obtained
of egress is blocked by fire or smoke, an escape by applying approved fire retardant paints or
route shall be available which performs in solutions to existing interior surfaces having a
accordance with 780 CMR 421.6 and 421.9. In higher flame spread rating than permitted.
an existing building where'a second means of 421.6 Egress. In existing buildings there shall be
egress is physically impractical from above grade one means of egress and one escape route serving.
floors, any proven, usable path to the open air each floor,remote as possible from each other and
outside at grade shall be deemed acceptable, leading to grade. The stairway between the first and
including but.not limited to connecting doors, second floors,if unenclosed,may remain unenclosed
porches,windows within six feet of grade,ramps, to preserve functional and aesthetic requirements.
fire escapes;balcony evacuation systems, etc. In new construction, two means of egress are
Principal Means of Egress. The primary choice required in accordance with the 780 CMR 51.00
of two routes normally used by occupants to enter through 99.00 (One- and Two-Family Dwelling
or leave a building. Code),and stairways above the grade floor shall be
enclosed with one hour fireresistive construction.
Room. See definition of"Habitable space"and Exceptions:
"Occupiable room"in 780 CMR 201.0. 1. Where the Group Residence is protected with
Self Preservation. Having the capability, both afire suppression system according to NFPA 13D
mentally and physically,to take action to preserve or better as listed in 780 CMR 35.00 only one
one's own life. Specifically,to egress the building means of egress shall be required from floors
within 2%2 minutes. (Reference inspection above the grade floor in existing buildings and
procedures in 780 CMR 421.8 and 421.9.) new construction.
2. Where the Group Residence is protected with
42L3.Existing Buildings. The requirements of afire suppression system according to NFPA 13D
780 CMR 421.0,shall also apply to existing dwelling or better as listed in 780 CMR 35.00 the
units which are to be converted to a group residence enclosure of stairways is not required.
and alternative requirements set forth in 780 CMR
34.00 .that conflict with the requirements of 421.7 Fire Protection Systems.
780 CMR 421.0 shall not apply. 421.7.1 Hazardous Vertical Openings.
421.3.1 Height Limitations. Existing buildings, Openings to such spaces as laundry chutes,
of Type 5B construction,greater than 2t/z stories, dumbwaiters,heating plenums or combustible
or 35 feet in height may be allowed to be used(as concealed spaces shall be permanently blocked
an exception to Table 503)as a group residence, with one hour construction,as regulated by the
provisions of 780 CMR 7.00.
421.4Plans and Specifications. Plans shall be filed
with:the building official having jurisdiction in 421.7.2 Automatic Fire Warning Systems. An
accordance with 780 CMR 110.0 for any building to approved automatic fire warning system shall be
be constructed as, or altered for use as, a group provided in accordance with 780 CMR 9:00.
104 780 CMR-Seventh Edition 8/22/08 (Effective 9/1/08)
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY
421.8 Inspections. There shall be three mandatory 421.9.3 Other Tests. Other tests are not
types of inspections as described below. The results necessary and shall_not be required by the
of such inspections shall be on file in the office of the building official. It shall be the responsibility of
building official with copies sent to the licensing or the residence manager of the group residence to
operating agency on a prepared checkl ist and signed provide immediate suitable accommodations
by the authorized inspectors. elsewhere for any occupant deemed unacceptable
421.8.1 Temporary Certificate. The building by the building official. Each occupant must be
official shall perform plan review and post- certified at regular intervals but not less than
construction inspection to ensure that the building every quarter at the group residence by the
conforms to 780 CMR. He shall issue a licensing or operating agency. The building
temporary certificate of occupancy effective for 90 official may require an inspection at his discretion
days only. when he feels that either the building or the
421.8.2 Final Certificate. Before issuance of the occupant may not conform.
final certificate of occupancy, the authorized 421.10 Certificate of Occupancy. Any certificate of
inspectors shall mutually conduct a test (see occupancy issued for a building intended to be used
780 CMR 421.9.1) to ensure that the occupants as a group residence,as defined in 780 CMR 421.2,
are capable of self-preservation. Upon complete shall become invalid if the premises have not been
satisfaction of all requirements, the building licensed or authorized by an agency of the
official shall then issue a permanent certificate of Commonwealth of Massachusetts within 90 days of
occupancy. This test shall be conducted once a the date of issuance of the certificate of occupancy.
year in accordance with 780 CMR 106.5 for
purposes of recertifying both the building and the 780 CMR.422.0 DAYCARE CENTERS
occupants. (Note:The specific provisions of 780 CMR 422.0
421.9 Inspection Procedure. The building and the shall govern when-specific provisions and general
occupants'capability of self-preservation constitute Code provisions are in conflict)
a system of life safety which are unique for each 422.1 General. Day care centers in new or existing
building and for each occupant in a group residence. buildings shall be subject to the applicable
Therefore,a simple direct test is specified herein to provisions of 780 CMR and the special requirements
determine the capability of the occupant and/or the of 780 CMR 422.0.
suitability of the building as a life safety system.
422.2 Definitions:
421.9.1 Direct Test/Fire Drill. A fire drill shall
be conducted as the direct test required by Child Day Care Centers. See 780 CMR 422.0:Day
780 CMR 421.9. The building official may Care Center in conjunction with 780 CMR.422.3.1
require that he be present for the fire drill,or may and 780 CMR 422.3.2.
accept an affidavit signed by the residence Day Care Center. Special occupancies in which
manager citing the names of the authorized clients receive care, maintenance, and supervision
inspectors present, the names of the occupants by other than relatives or legal guardians for less
who participated, the name(s)of any occupants than 24 hours per day. Such day care centers
who failed to egress the building within 21/2 include both child day care centers and adult day
minutes, the date, time and place where said fire care centers licensed by the office for children or
drill was held. During the conduct of the drill,all other state agencies or otherwise functioning as a
staff personnel of the group residence shall isolate day care center.
themselves from the occupants. The authorized
inspector(s),when present,shall then cause to be Smoke Stop Partition. For purposes of 780 CMR
blocked any one point in an egress route where 422.0, a smoke stop partition shall satisfy the
the choice of an alternate route is possible, to requirements of 780 CMR 710.0 for a Smoke .
simulate a hazardous condition,and the internal Partition.
alarm system shall be activated for 21/z minutes. 422.3 Use Group Classifications.
421.9.2 Evaluation. Any occupant who fails to 422.3.1 Less than Two Years and Nine Months
escape from the building and achieve egress in Age:__Buildings and portions thereof licensed
outside the building at ground level within the 21/z by the Office for Children as child day-care
minute period shall not be permitted to remain centers for children two years and nine months in
living in the residence. age or younger shall be classified as I-4 use
Note: The occupant or the building may be at group.
® fault therefore, the system has failed to 422.3.2 More than Two Years and Nine Months
perform adequately to provide life safety and in Age. Buildings or portions thereof licensed by
is, consequently, unacceptable for that the Office for Children as child day care centers
occupant. for children more than two years and nine months
8/22/08 (Effective 9/1/08) 780 CMR-Seventh Edition 105
+ - I
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Communication Result Report ( Feb. 18. 2010. 9: 54AM ) _
1)
2)
Date/Time : Feb, 18, 2010 9:47AM
File Page
No, Mode Destination Pg (s) Result Not Sent
-----------------------------------------------=----------------------------------------------------
7817 Memory TX 915089455834 P. 6 OK
---------------------------------------------------------------------------------------------------
Reason for error
E. 1) Hang up or line fail E. 2) Busy
,E. 3) No answer E. 4) No facsimi l e connect ion
E. 5) Ex c e e d e d ma
x. E—mail size
Town of Barnstable
Regulatory Services
°"per• Thomas F.Geikr,➢irectar
• Building Division
Thames Perry,CBO,Building Commissioner
- 200 Main Street,Hyannis,MA 02601 -
www-town.6amslable.ma.ur
Office:508.862-4038 Fm:508-790-6230 -
PLEASE FORWARD THE ATTACHED PAGE(S)TO:
TO:
AWN. SILL 4/TC-f4FIEL-ij
FAX NO:
RE: `j�o I Gt��^! ST I RA-P- 4 SIRW 4-C
. _ FROM: rA-0 L �O rl1—t6�
DATE:
FAGE(S): fp -PP
(INCLUDING COVER SHEET)
oft►+r T Town of Barnstable
Regulatory Services
k
RA MASS. i Thomas F. Geiler>
Director -
MASS. �
°rFnµplA�O Building Division
Thomas Perry, CBO, Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
PLEASE ]FORWARD THE ATTACHED PAGE(S) TO:
TO:
ATTN: L L C_ (7-C141-f E'
FAX NO:
RE: Z-f O ( V" �1 tl� 157 1 A-(ZOl-P
FROM: pq v o
DATE: 7f -- r b
PAGE(S): (INCLUDING COVER SHEET)
l Z OW1 Fly(,_. bt C(S/DDY
Rev:121.901
Communication Result Report ( Feb. 19. 2010 11 : 52AM )
2)
Date/Time; Feb. 19. 2010 11 : 29AM
File Page
No. Mode Destination Pg (s) Result Not Sent
----------------------------------------------------------------------------------------------------
7842 Memory TX 915089455834 P. 4 OK
----------------------------------------------------------------------------------------------------
Reason for error
E. 1) Hang up or line fail E. 2) Busy
E. 3) _ No answer E. 4) No facsimile connection
E. 5) Exceeded max. E—mai l s i ze
Town of Barnstable
Regulatory Services
.Thomas F.GE00r,birmtor
• Building Division
Thomas Perry,C2
0,11a0in8 Commissionv -
200 Main stmet,Hyannis,MA 02601
www.tawo.baroatable.ms.ur -
ofri—508-962AG39 Fax:508-790-6230
PLEASE FORWARD THE ATTACHED PAGE(S)TO:
TO:
ATTN: gl[_L L1fUfF1E��
FAX NO: -
RE: S Zf D 1 1tifipivf
FROM: wcQ-
- .. DATE:
PAGE(S): 1 (INCLUDING COVER SHEET')
19 9� �oK/hfG— b�crsrooy
Message Page 1 of 2
Roma, Paul
To: William G Litchfield
Subject: RE: 3401 Main St., Barnstable
Dear Bill,
The purpose of this e-mail is to confirm our conversation of 2-18-10 regarding 3401 Main St., Barnstable.
When I spoke with Ms. McCarty, she was not sure of the specific address and described the property as
being near the corner of Main St. and Hyannis Rd. That location could be either a VB-A or RF-2 Zone.
This specific address is located in the RF-2 Zone and therefore would fall into the regulations of that zone,
a copy of which was faxed to you. As discussed, deviation from the permitted or accessory uses would
require a zoning decision.
Also faxed to you was a copy of the pertinent part of 780 CMR regarding Group Homes.
To be catergorized as a single family home, the dwelling would need to meet the criteria of"single family"
i.e in this case, family and three unrelated renters; to exceed this number would require a zoning
decision.
However, after speaking with you yesterday, and the Building Commissioner today, I located our street
file for this property (misfiled) and found a 1996 Special Permit for this property which I will fax to you.
After reading the decision, I would suggest making an appointment with Commissioner Tom Perry and
perhaps Art Traczyk(Zoning)to discuss the wisest cousre of action.
Once again, I wish you and the McCarty's well with this project.
Paul
-----Original Message-----
From: William G Litchfield [mailto:wgl@litchfieldlaw.com]
Sent: Thursday, February 18, 2010 9:19 AM
To: Roma, Paul
Cc: ingmccarty@aol.com; Anne-Marie L. Litchfield
Subject: 3401 Main St., Barnstable
Dear Mr. Roma:
Following on the telephone message I left for you, I represent Ingrid McCarty, the
prospective purchaser of the property referenced above. Ms. McCarty has discussed with
me her proposed use of the property, and I am writing to request a determination that it
complies with municipal zoning regulations. I understand that Ms. McCarty has also
spoken with you about this matter.
As a starting point, I believe that the property may be in the RF-2 zone, but it may
possibly in the VB-A district, so a clarification in that regard will be helpful. More
importantly, having reviewed the relevant portion of the Town of Barnstable Code in
regard to permitted uses, I am seeking a determination whether the proposed use is
allowed, as a matter of right rather than through a Special Permit from the Zoning Board
of Appeals.
As I believe you know, Ms.McCarty is a parent of a young adult now attending
the Riverview School in Sandwich. She, along with two other parents, is interested in
purchasing the property for use as a residence for as many as eight young adults with
minimal disabilities. As currently contemplated, the property will be managed by a local
enterprise, which will provide assistance with meals, driving, and those life skills which
can be challenging for the proposed residents. As I understand it, the property is not
proposed for licensing by the DMR as a group home, as the same is defined in 780 CMR.
One concern is whether the contemplated use would be categorized as a"single-
3/2/2010
Uessage Page 2 of 2
family residential dwelling;" and because there would be more than three non-family members
residing there, it might not be an accessory use. Moreover, as there would not be single family in
residence, I seek guidance on whether it would even fall under the accessory use category. I
recognize that a conditional use, with a Special Permit from the ZBA, might allow the renting of
rooms to no more than six lodgers, but we are currently contemplating eight residents, with
perhaps two staff members who might be occasional residents as well.
I would welcome the opportunity to discuss this matter with you further, and
unfortunately, but as is common in these matters, there is a time constraint. The Offer made on
the premises is contingent on a zoning determination not later than February 26, which is next
Friday.
I look forward to hearing from you at your earliest opportunity, and would be happy to
provide you with what additional information I have.
Bill
William G. Litchfield
Litchfield& Litchfield, P.C.
330 Orleans Road
North Chatham, Massachusetts 02650
508-945-3334
Facsimile 508-945-5834
wg�a)litchfieldlaw.com
3/2/2010
4
Date:
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This is a legally binding contract If not understood, seek competent advice.
This is a lease between Chris-and Sharon Forte of 200 South. pa Ave,West Yarmouth,
MA 02673, hereinafter called Landlord, And 4 iL-e Vow-.
Qj4va.y sS- tP L/CtjDNS hereinafter called Tenant. Witnessed, that the
Landlord lea., .to t e tenant,the premises.located-at 3401-plain.Street,Barnstable MA
02630.
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This lease will begin at 4:00pm onSePf'"-'6 - 20(V,(J*L) d qq )and end at
12:00 noon on p Gt61;,�7 2001(/h 0 4d4 ct,�� )and for such,a term,the tenant
agrees to pay _ in U.S. funds, to i�a'clude utilities of gas, electricity and
trash removal. Telephone tolls%-are.not.included and pa k4is.limitedto-8 cars
maximum(Note; The third floor and Cupola will not be accessible for use or viewing).
The landlord acknowledges receipt of as deposit for said term with.the
balance due on or before 30 days prior to the time of lease commencement. All_payments
(including security deposit)madelater.d=30 daysjArior to tease co mencemen
shall be by cash, certified or bank check or money order otherwise OCCUPANCY
WILL BE DENIED!
SUMMARY F PAYMENTS
Rental deposit to be received
Rental balance $ Due 30 days prior to occupancy
Security deposit 0 Due-30 days prior to-occupancy
Total
And for the to 00
term, the Tenant further agrees to pay$10()0� as a security deposit,
payable 30.days prior to occupancy;it being understood that.said deposit is not to be
considered prepaid rent, nor shall any damages claimed (if any)be limited to the amount of
said security deposit.
The landlord hereby notifies the Tenant that the Landlord must submit to the Tenant an
itemized list of any damages.claimed tohavebeen caused-by the.tenant andsexurn.the
entire security deposit, less damages and other lawful deductions within 60 days after the
termination of the occupancy.
In witness whereof, the said parties he o set their hands and seals on the day and year
first above written.
Landlord
Tena AAA
Tenant
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Mental agreement-fur34011Vdain ate Barnstaw, NIA 02630
(508) 778-9468
In an effort to insure a comfortable-stay and the-proper care of oxu.:propgsty, the following
conditions apply:
• No pets
• No smoking in the Home
All trash cleaned up and, into the trash barrels
Sheets are provided (p6aw is are
All argas in the same condition as you found them
• Lawn'mowing will be done during the week depending on weather conditions_
Any mechar ical/electricaliplumbiWrobiems a.re rvortedimmediately to.the owners
for repair
No boats/trailers/campers or tents are allowed unless prior-written approval by the
owner.
No outside amplified music
Tenants must adhere to the Town of Barnstable noise ordinances —
The Kitchen is equipped with-basic cooking utensils. We have a TV, VC-R,.MiLrowave,
oven, coffeepot, teakettle, washer, dryer, and gas grill, dishwasher, telephone and
refrigerator.
Please identify the number of adult and child occupants to be staying. No changes to the
agreed upon occupancy of our-home.
Signature
L
The parties hereto,in consideration of these presents, agree as follows;
1. That no more than3persons will occupy and that the tenant shall not assign, sublet
nor permit any part of the premises to be used by others exce t fortgmRaLdly visits of
guests which shall not stay overni .n e—event at any tune including guests the
Ithetenns
er exceeds.. or a number of vehicles on or about the premises exceeds 8
ll be deemed that the tenant has overburdened the premises and has violate
of the lease which may.resultin fall-forfeiture of any security depositand anyages wl. ult.
be responsible for am re age or loss to the premises except
normal wear.and tear and unavoidable.casualty which mayresult from occupancy and
the tenant will leave the premises in good, neat and thoroughly cleaned condition.
3. If the tenant defaults and/or.otherwise fails to comply-as regards any item in the lease,
the tenant agrees to vacate said premises, upon receipt of proper notice from the
landlord and/or required by_the Vphcablelaw of the!Commonwealth.of
Massachusetts.
4. The tenant agrees to allow the landlord to enter and view the premises, both inside and
outside:
A) to inspect the premises;
B) to make repairs-thereto,
C) to show the same to prospective tenant or purchaser;
D) pursuant to a court-order.;.and
E) to protect the premises if it appears that the premises have been abandoned by
the tenant.
5. The landlord and tenant agree that should the premises be destroyed by fire or casualty
so as to become unfit for.human habitation that these-presents shall thereby be ended,
with refund to tenant for any rent term unused.
6. Th s of anv descrtcion shall be kept on the tremises.,
7. T ere is a no cancellation/no retuan policy.
8. No tents shall be erected without-prior approval from Landlord and.:proM..pemiks
obtained.
The signatory of this agreement is responsible for damages to our home and for the
conduct of all occupants.
t
�
Name: '
Address: �¢ D►,� ��ul; . t V
Email Irfl e Co,
Home Phone:
Work Phone: j,�- (t 'UQ 3"33 o0
I19nature:
Approved: Chris Forte or—Sharon-Forte, Si_ e requir
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Town of Barnstable
�I"E'O`''I Regulatory Services
o�
Thomas F.Geiler,Director
9'"R`''AW.MAW. Building Division
�
i63q. ♦0'Atfp 39.i a Tom Perry Building Commissioner
200 Main Street, Hyannis,MA 02601
Office: 508-862-4038 Fax: 508-790-6230
COMPLAINUIN UIRY REPORT
Date: Z ° Z Rec'd by:
Complaint Name: ,d. -M �( ��-}, �r map/Parcel Q (}Q �
Location
Address:
Originator Name: a e117
7 7`�
Village: State: Zip:
Telephone:
Complaint Description Gy17e-,,,- J e,!!.
CA r—
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l/Id saga1/ qpk
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FOR OFFICE USE ONLY
Inspector's Action/Comments Date: a 3 -oa Inspector: -
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Additional Info:Attached
Q:forms:complaint
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Town of B-arnstable k Permit# S103
Regulatory Services Feed
• � Thomas F.Geller,Director
Building Division
Elbert C Ulshoeffer,Jr. Building Commissioner
367 Main Street, Hyannis!MA 02601
X-PRESS PERMIT
Office: 508-862-403 8 J A N 9 2001
Fax: 508-790-6230
EXPRESS PERNUT APPLICATION TOWN OF BARNSTABLE
Map/parcel Number
Property Address 3 y0 j m G l� sfle2� ��/�►t�s h�iP �G
esiential OR ❑Commercial
Value of Work
,� d G _ c
Owner's Name&Address
Po/V v X NO 3 S /cti flnov* 1�74
Contractor's Name
Telephone Number
Home Improvement Contractor License#(if applicable)
Construction Supervisor's License#(if applicable)
DWorkman's Compensation Insurance
Check one:
0 I am a sole proprietor
I am the Homeowner
0 I have Worker's Compensation Insurance
TInsurance Company Name V&I'e/ PIZ
Workman's Comp.Policy#
Permit Request(check box)
Re-roof(stripping old shingles) UA d,Pl- �rv�f �/� S�O✓Y De G
0 Re-roof(not stripping. Going over existing layers of roof)
0 Re-side
0 Replacement Windows. U-Value (mum-44)
0 Other(specify)
r
Signature
expmt
+d_
BARNnABM
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Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal No. 1996 -35 Special Permit
Stephen Austin
-Summary Granted with Conditions
Applicant: Stephen Austin/AGE Real Estate Trust, Karen Lynch,Trustee
Property Address: 3401 Route 6A, Barnstable, MA
Assessor's Map/Parcel. 299/44-1 Area .69 Acres
Zoning: . RF Residential F-2 Zoning District
Groundwater Overlay: AP-Aquifer Protection District
Appeal No. 96-35: Special Permit under Section 4-4.5 Nonconforming Use, to allow the change of a
nonconforming use, a nursing home/convalescent home(25 beds)to another nonconforming use, an
Assisted Living Facility(20 beds)
Filed February 9, 1996 with the Town Clerk and the ZBA.
Public Hearing April 10, 1996. Decision Due 90 days
Background:
Stephen Austin has petitioned the Zoning Board of Appeals for a Special Permit under Section 4-
4.5 Nonconforming Use, to allow the change of a nonconforming use, a nursing home/convalescent
home (25 beds) to another nonconforming use, an Assisted Living Facility (20 beds)with the
renovation of a 2 1/2-story building and construction of a two story, 1,025 sq. ft. addition.
The property is addressed as 3401 Route 6A, Barnstable, MA. The locus of this appeal is shown
on the Assessor's Maps as Map 299/Parcel 44-1. The property is located in the RF-2 Zoning
District which allows single-family residences and accessory uses by right, with rental to lodgers,
golf courses, stables and family apartments allowed as conditional uses. The property currently is
the site of the Village Haven Rest Home. It has been the site of a rest home since 1965 and prior to
that was a guest house since,1956 (information from Barnstable Historic Preservation Department.)
The building is shown as two and a half stories with a total of 5,488 square feet. The amount of the
addition will total 2, 050 sq. ft. (1,025 sq. ft. per floor x two stories.) The Petitioner has bought plans
for the proposed Assisted Living Facility to Site Plan Review, which reviewed his proposal February
29, 1996. Petitioner's plans have also been approved by Old King's Highway Historic District. The
building appears to have last been remodeled in 1980 based on Assessor's records.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
February 6, 1996. A public gearing before the Zoning Board of Appeals was duly advertised and
notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on April
10, 1996 and continued to April 17, 1996, at which time the Board found to grant the appeal with
conditions. Board Members hearing this appeal were Richard Boy, Emmett Glynn, Tom DeRiemer,
Gene Burman, and Acting Chairman Ron Jansson.
Attorney Michael Ford represented the Petitioner, Stephen Austin, who was also present. Attorney
Ford submitted a Memorandum in support of this appeal and stated that Mr. Austin has a Purchase
Zoning Board of Appeals-Decision and Notice
Appeal Number 1996-35-Austin
and Sales Agreement for the property which is owned,by A.G..E. Real Estate Trust, Karen Lynch,
Trustee,. The property is the,tcurrent location of the Village Haven Rest Home, a 25 bed rest home
facility which is no longer in business. The applicant wants to convert the present nursing home
use to an assisted living facility and reduce.the number of beds from 25 to 20. There is no parking
area currently laid out for the;rest home. The reduction of beds will be in keeping with the parking
requirements set by Site Plan Review.
The project has been approved by Site Plan Review and has obtained a Certificate of
Appropriateness for the addition from the Old King's Highway Historic District Commission. An
Order of Conditions has been issued by the Conservation Commission. Attorney Ford stated that at
Site Plan Review there was still an issue of the amount of parking for the building. The five spaces
on the plan are for staff only. Although the occupants of the facility are not allowed to have cars,
there is still a need for parking for any visitors that might come to the site. The Petitioner has
obtained written permission for the use of the 40 car parking lot at the Church across the street on
Route 6A. The only other concern at Site Plan Review was the need for an established referral
system in place for the residents. Mr. Austin has a letter from the Cape Cod Hospital stating their
willingness to be available to accept referrals for residents that are in need of 24 hour nursing
service.
Attorney Ford explained the difference between a nursing home and�an assisted living facility. A
nursing home and an assisted living facility have different levels of care, but both are governed by
statutory and regulatory regulations. As an example, in an assisted living facility each room has to
be provided with a private half bathroom. The entire building will be brought up to state code inside
and outside including new doors and windows. Attorney Ford stressed that there is a need for this
type of facility and this will be an improvement to the area and in no way detrimental to the area.
Building Commissioner Ralph Crossen agreed the project has Site Plan Review approval and their
only request was that the facility itself not be locked due for safety reasons.
.Board Member Ron Jansson asked Attorney Ford about the lot size and any division of this lot and
the neighboring lot. Mr. Ford was unsure about any division and stated he would review the history
of the lot. There is also a question regarding ownership of the two lofts. Mr. Ford stated he would
provide the Board with information regarding the history at the continuance of this appeal.
Due to the unresolved issue regarding the unpaid.taxes, and the question of common ownership to
the adjoining lot and if there are any Variances on the parcel, Appeal Number 1996-35 was
continued to April 17, 1996 at which time Attorney Ford stated that the taxes have been addressed
and Mr. Ford submitted a copy of an ANR plan from 1978. The lot that contains the subject
property was in conformance within this ANR plan and there was a Variance granted for the
adjacent lot that contained the barn (#1974-52).
The public was requested to testify: 'No one spoke in opposition and no one spoke in favor of this
appeal.
FINDINGS OF FACT:
Based upon the testimony given during the Public Hearing on Appeal Number 1996-35 for a Special
Permit, the Board.unanimously found the following findings of fact:
1. The Property is located at 3401 Route 6A, Barnstable, MA on Assessor's Map 299, Parcel 44-1,
in an RF-2 Residential F-2 Zoning District, a GP-Groundwater Overlay Protection District, and
an AP-Aquifer Protection District. This building is serviced by town sewer and town water.
2. There is.a total of two and one half stories with a total of 5,488 sq. ft. The amount of the
addition will total 2,050 sq. ft. (1,025sq. ft. per floor x two stories).
3. The Petitioner has received Site.Plan Review approval.
4_ The building was remodeled in the 1980s.
2 �-
Zoning Bpard of Appeals-Decision and Notice
Appeal Number 1996-35-Austin
5. The Applicant is seeking a Special Permit under Section 4-4.5 Nonconforming Use, to allow the
change of a nonconforming use, a nursing home/convalescent home (25 beds) to another
nonconforming use, an Assisted Living Facility (20 beds). These uses are very similar under
the Zoning Ordinance.
6. The new use will be less intense as the number of beds is being reduced from 25 beds to 20
beds.
7. While there is an addition to the site, that addition is only to allow the applicant to meet the new
requirements under the CMR for an Assisted Living Facility where each room has to be
provided with a private half bathroom for each unit, equipped with a lavatory and a toilet. The
additional space is necessary to meet this particular requirement.. The Petitioner has obtained
all the necessary approvals from the Old Kings Highway Historic District Committee and the
Conservation Commission for such an expansion.
8. The proposed change in use would not be substantially more detrimental or objectionable to the
neighborhood,nor in derogation of the spirit and intent of the Zoning Ordinance.
9. The residents will not be allowed the use of motor vehicles.
MOTION:
Based on the findings, a motion was made and seconded in Appeal Nlumber 1996-34 to grant the
Special Permit being sought with the following conditions:.
1. No resident of the facility may have a car.
2. The proposed addition is to be built as per plans submitted entitled Site Plan of Land in
Barnstable, MA for Mr. Steven Austin dated January 25, 1996.
3. The number of beds will be reduced from 25 beds to 20 beds.
4. The Petitioner must comply with all provisions of the Site Plan Review Committee.
5. The project must receive final approval from the Office of Elder Affairs.
VOTE:
AYE: Richard Boy, Emmett Glynn, Gene Burman, Tom DeRiemer, and Acting Chairman Ron
Jansson.
NAY: None.
ORDER: Appeal Number 1996-35 for a Special Permit has been 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 of this.decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL
Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the
office of the Town Clerk.
3a 1996
Ron J , Acting Chairman Date Signed
I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby
certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and
that no appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this day of 1996 under the pains and penalties
of perjury.
Linda Leppanen, Town C e k
3
PAR: R299 044.002
KEY: 211354 TAX CODE:100
SHEPLEY. HAMILTON N TRS
HILL. GEORGE J JR
PHYLLIS ISLAND TRUST
P U BOX 605
dARNSTABLE MA 02630-0000
PAR: R299 044.001 PAR.- R299 055.
KEY: 211345 TAX CODE:100 KEY: 211461 TAX CODE:100
SHEALEYi GLENN E TRS KORKUCH. KASMIR JR 1
PONTIAC REAL ESTATE TRUST RUTH KORKUCH
5 REVERE ST .
CAMBRIDGE MA 02138-0000 1150 OLD STAGE RDCENTERVILLE MA 02632-0000
PAR: R299 045. PAR: R299 647. PAR: R299 046.
KEY: 211363 TAX CODE:100 KEY: 211381 TAX CODE:100 KEY: 211372 TAX CODE:10
0
BARNSTABLE• TOWN OF (RUN) RING. WILLIAM F BLE. TOWN OF CMUN)
367 MAIN STREET RING RITA M BARNSTABLE.
STREET ,
HYANNIS MA 02601-0000 3341MAIN ST. HYANNIS MA 02601-0000
BARNSTABLE MA 02630-0000
PAR: R299 041. PAR: R299 040. PAR: R299 039.
KEY: 211309 TAX CODE:100 KEY: 211292 TAX CODE:100 KEY: 211283 TAX. CODE:100
UNITARIAN CONGREGAT'NL SOC BARNSTABLE. TOWN OF (CEM) BARNSTABLE,-TOWN OF (REP
3330 MAIN STREET 367 MAIN STREET 367 MAIN STREET.
BARNSTABLE MA 02630-0000 HYANNIS MA 02601-0000 HYANNIS MA 02601-0000
9 PAR: R299 069. PAR: R299 089. PAR: 'A299 092.
KEY: 211611 TAX CODE:100 KEY: 21179'1 TAX.CODE:100 KEY: ' 211826 TAX CODE:100
UNITARIAN CHURCH CHESTER, EVELYN R COFFEY, JOHN W IIIBPATRICIA
ROUTE 6A P 0 BOX 208 3400 MAIN STREET
BARNSTABLE MA 02.630-0000 BARNSTABLE MA 02630-000O PO BOX 1076
BARNSTABLE MA 02630-0000
PAR: R299 088. PAR: R299 070. PAR: R299 043.002
KEY: 211782 TAX CODE:100 KEY: 211620 TAX.CODE:100 KEY': 211336 TAX CODE:100
PELLMAN. SARA RAVENBROOK REALTY INC HEIDEMANN. PAUL 8 MARY
184 DAVIS AVE 28 FULLER ST 3413 MAIN ST
ALBANY NY 12208-0000 MIDDLEBORO MA 02346-0000 BARNSTABLE MA 02630-0000
PAR: R299 043.005 PAR: R299 057. PAR: R299 043.003
KEY: 377087 TAX CODE:100 KEY: 211489 TAX CODE:100 KEY: 355653 TAX CODE:100
MURPHY• SONYA C ONEILL• W JAMES MORSE. RICHARD P JR 8
3433 MAIN STREET MAUREEN G ONEILL NEWELL• BETSY
BARNSTABLE MA 02630-0000 41 BRAGGS LN 25 BRA6GS LANE
' BARNSTABLE MA 02630-0000 BARNSTABLE MA 02630-0000
i
Proof of Pubrc ion
I RF Residential F Zoning
[.RFF
istrict. -
7:45 P.M: Midcope COmmuni•
ations,LP.
Appeal Number 1996-32
CAPE COD TIME$ Midcape Communicationi,
P,have appealed to the Zoning
TUESDAY,.MA�iCH 26,i996 :, oard of Appeals for a Special
he Petitit ioner Is requesting to(re.
ace existing radio tower and to
- locate.transm(Sylpryegaipmenl
ilAssorns Map 2 1 Parcel 8Is �
Town of Barnstable & 10 and-Is commonly.ad_
J Zoning Board of Appeals ssed as 2015.2039 and 2os9 ad-
Notice of Public Hearing _ e Rood,Centerville,MA in an
Under The Zoning Ordinance Residential F Zoning District.
for April 10,1996 8:00 P.M:Ackland
To all persons Interested In,or Appeal Number 1996.33
affected by the Board of Appeals I Michael Ackland has appealed
under Sec.it of Chapter4OA of the fo the Zoning Boord of Appeals for
General Laws of the Common- 0 Special Permit Exemption un-
wealth of Massachusetts,and all der Section -S.1(9)from tlon (8)
amendments thereto You are (b).The Petitioner Is hereby notified that:, to replace the existing single taim
7:30 P.M.Baker Ily home.Applicant seeks exemp
Appeal Number 1996 31 flon to useful within a designated
Albert B.Baker as appealed to velocity zone. The property is
the Zoning Board of Appeals Pur• I shown on Assessor's Map 138,
suani to Section 3 1.1(3)(D)of the I Parcel 32 and Is,commonly ad-
Zoning Ordinance for a Special dressed as 377
Permit for a Family Apartment. (Lot 13), Ste file, sew Avenue,
The property Is shown on Asses- I 1 Residential F•1 ZonI g Distric In an t
sors Map 43,.Parcel 13 and is 8:15 P.M. I Yon ough Hills Got}
commonly addressed as 30 Wo- Club `:
keby Road Mantons Mills,MA In '-Appeal Number 1996.34.
aVlyanou h Hills Golf C ubt ave
�- - petitioned the Zoning Board of
Appeals fora Variance underSec-
iZoning Ordinan cef The Petitioner;
Is.requesting to modify existing
Variance and to allow additional
restaurant seating.The pro
Is shown on Assessor's.Map
Parcel Wand is only ad.
dressed as 1800 Route 13Z Hyan-
nis, MA in a R . Residentlal F
Zoning District and an RG Rest.
denilal G Zoning District:
Austin
Appeal Number 1996.35
Stephen AustiWA.G.E:Real Es-
tote Trust,Karen Lynch,Trustee
have appealed t0 the Zoning Ped
Board 0f Appeals for a Sol
Permit to Section 4.4 S {Voncon-
forming Use(1)Change of a Non-
conforming-use to another Non.
conforming• use. Applicant
mQuestig to change the noncon-
farming use of nursing home%on-
valescent home (25) beds'to 24
bed Assisted Livina Facility.The
Property Is shown on Assessors
Map 229,Parcel 44.1 and is com-
monly addressed as 3401 Route
6A, Barnstable, MA in an RF-2
Residential F-2 Zoning District.
These Public Hearings will be-
held in the Hearing Room,Second
Floor,New Town Hall,367 Main
Street, Hyannis, Massachusetts
" on Wednesday,April 10,1996,All,
Plans andGppllcat ins may be re-
viewed at the Zoning Board of Ap-
peals Office,Town of Barnstable,
Planning Department,230 South
Street,Hyannis,MA.
Gall Nightingale,Chairman
Zoning Board of Appeals
3,76,4W6
TOWN OF BARNSTABLE '
ZONING BOARD OF APPEALS; n i .l3
Error in Script
as related to
Decision and Notice
Appeal Number 1996-35.
An error in script was identified in the decision and notice filed with the Town Clerk on
April 30, 19.96; Appeal Number 1996-35.
The Applicant was identified throughout the entire application and decision as Stephen
Austin/AGE Real Estate Trust, Karen Lynch, Trustee, It should read Stephen
Austin/AGB Real Estate Trust, Karen Lynch, Trustee.
This error was propagated from the application form submitted and is being corrected at
the request of AGB Real Estate Trust, the seller.
Respectfully Submitted,
Debbra S. Lavoie, Secretary
.Zoning Board of Appeals
May 21, 1996
a
THE UNITARIAN CHURCH
(Unitarian Universalist) BARNSTABLE, MASSACHUSETTS 02630 P. O. BOX 285.
(4 Church Office 508 362-6381
Minister-The Rev. Russ Savage Minister's Study 508 362-2233
Director of Religious Education - Carol A. Norman. 508 775-6946
March 26, 1996
Stephen D. Austin
Hadaway Farm
P. O. Box 316
Barnstable, MA 02630
Dear Mr. Austin:
By this letter we grant to you and Hadaway Farm unrestricted use of our
40-car parking lot located directly across the street from the Hadaway Farm
property for use by your employees at all times except Sundays 7:00 A.M. to
1:00 P.M. and such other times as we may from time to time advise you. This
grant is for a period of three years from the date of this letter, to be re-assessed
at the end of that time.
In return for the use of our parking lot by your employees, you agree to
provide snow removal and sanding as needed for our entire property including
the parking lot, the drive and parking spaces adjacent to the church and the Old
Schoolhouse building, and the road through the cemetery to Mill Way.
You also agree to provide adequate insurance for any liabilities which .
might arise from the use of our property by your employees.
Please indicate your acceptance of this entire agreement by signing a
copy of this letter in the space provided and returning it to us.
a �
R
Berry Shea Stephen D. Austin
Chair, Prudential Committee Hadaway Farm
Unitarian Church of Barnstable
3f o1 tahAt a
• The Town of Barnstable
°,vg. � Department of Health Safety and Environmental Services '
A
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
April 10, 1996
Attorney Michael Ford
P.O. Box 665
W. Harwich, MA 02671
Re: Site Plan Review Number 14-96
Austin Assisted Living
3401 Main Street, Barnstable
Dear Mr. Ford
The above referenced site plan has been approved by the Site Plan Review Committee.
The letter dated March 26, 1996 from the Unitarian Church has been received. The
condition set forth at the meeting of February 29, 1996 have been complied with.
Please be informed that a building permit is necessary prior to any construction. Upon
completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town
of Barnstable Zoning Ordinances must be submitted.
Should you have any questions, please feel free to call.
Respectfully,
Rah Crossen
Building Commissioner
RMC/ab
• '`tiflAf""o,,,
�y~• toe�,s .s,;=. BARNSTABLE FIRE DEPARTMENT
l
os� 18 E 7 3249 Main Street - P,p,g
ox 94
Barnstable, Massachusetts 02630
+ l�CN01tt
508-362-3312
WILLIAM A.JONES III,CHIEF FAX:508-362-84U
GLENN B.COFFIN,cAP
FIRE PREVENTION
May 31, 1995
(�Mr. Glenn Shealev C(Opy
Pontiac Realty Trust
5 Revere Street TOWN OF BARNST �LE., -
Cambridge, MA 02138 BUILDING DEPT
[1995
Dear Mr. Shealey: �' 0
On May 30, 1995, I had a discussion with Mr. Bell am*
adai
Your property located at 3401 Main Street, Barnstable.I nin oted to him t that
allaspects of the building's alarm sprinkler and other fire su res hat all
systems shall remain in service and functioning. I must also inform that
as the owner of the property, you become responsible for the mainten , gat
all systems once Mr. Spadarra vacates the building. Regardless of ance of
that the building may be vacant, all systems, alarms the fact
must remain in service and functioning. In addition, we ill require meatyres
key box (lock-box) system be purchased b q that a
building once it is vacated. This is in conforn�ltvto allow us access into the
to t requiring � he Bar ,_q ng such lock-boxes on properties with alarm systems. -ink er law
systems or both. This box was not mandated before due to the
building was staffed twenty-four (24) hours per day. tact that the
Mr. Spadarra also inform
ed me that you are considering the hour*
correctional inmates and./or sub-leasing rooms to individuals. This g of
occupancy is not permitted for such use and will require site
- ,Possibly modifications in order to be used for those purposes.plan 1e�lew alid
Page 2.
Additionally, there may be zoning restrictions that must be considered. I
would refer you to the Building Commissioner for further guidance i this
matter. If you questions concerning my letter, please do not hesitate to call.
Sincerel
Tenn . offin, p i
1-Chief Jones
1-Ralph Crossen, Building Commissioner
4
'I YI"
�..F.... '' BARNSTABLE FIRE DEPARTMENT
%10� 4
3249 Main Street - P.O.Box 94
1927 0 Barnstable,Massachusetts 02630
/'4s4f•A cNOS���� 508-362-3312
FAX-508-362-8444
WILLIAM A.JONES III,CHIEF GLENN B.COFFIN,CAPTAIN
FIRE PREVENTION
May 31, 1995
Mr. Benjamin Spadarra.
r Village Haven Rest Home
`3401 Main Street
Barnstable, MA 02630
Dear Benjamin:
Please be advised that the most recent sprinkler report on file from your
facility is dated September 30, 1993. If subsequent inspections have been
completed, please forward copies of those reports to this office immediately.
If inspections have not been conducted, please have your contractor conduct
the appropriate inspections and tests and convey the reports to me. In
addition, relative to our discussion on May 30, 1995. The following items
shall be maintained during your planned shut down of your facility on or
before June 15, 1995:
1. Alarm systems shall be maintained and tied in direct to the Barnstable
County Sheriffs office as is presently the case.
2. All aspects of the sprinkler system shall remain in service and
maintained.
3. Egress routes shall remain clear and unobstructed and all fire
extinguishers shall remain in service relative to service/recharge dates. (these
are up as of 05/31/95).
TOWN OF BARNSTAgLE
BUILDING DEPT
D JUN
I am sure that you share my concern for the general safety of the building,
employees and most importantly, it's occupants. Should you have any
questions concerning our policies in this matter, please do not hesitate to
contact me.
Sincerely,
enn B. Coffin, Ca4
1-Chief Jones
1-Ralph Crossen, Building Commissioner
1-Department of Public Health
1-Mr. Glenn Shealey; Pontiac Realty Trust
-�. The Town of Barnstable
* MM MAB s.
i6& ' Department of Health Safety and Environmental Services
c, " Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
c^.u--,,j0-6230 J 61ding+=.nnnn"i-ioper
May 1, 1995
Mr. Benjamin Spadarra
Village Haven Rest Home
3241 Main Street
Barnstable, MA 02630
Re: Village Haven Rest Home
3401'Main Street, Barnstable, MA
Dear Benjamin:
I understand that you are contemplating some changes to your building and type of use. I
just want to remind you that I need to review your plans prior to your going too far. It
may need some sort of review.
Please give me a call to discuss your plans.
Thank you,
Ralph M. Crossen
Building Commissioner
RMC/k
Q950501B
BARNSTABLE FIRE DEPARTMENT
�4h~ a�PLI
3249 Main Street-P.O.Box 94
s o� 18 8 7 0 Barnstable,Massachusetts 02630
508-362-3312
FAX:508-362-8444
WILLIAM A.JONES III,CHIEF GLENN B.COFFIN,CAPTAIN
FIRE PREVENTION
April26, 1995
6v1Lul ,a CLF)T
Mr. Ralph Crossen '�i� APR 2 8 '1995' it II
Building Commissioner _ '
Town of Barnstable C L� 0 ��
367 Main Street
Hyannis, MA 02601
Dear Ralph,
Thank you for accompanying me to the House of Correction this
morning. Hopefully, we will be able to clear up these persistent problems. I
have had some discussion with the proprietor of Village Haven Rest Home.
This home is located at 3401 Main Street Barnstable. It is a home for
mentally handicapped persons who are adult, At present, the proprietor, Mr.
enjamin Spadarra, is proposing to shut down his present operation and
open again as an adult care facility. Essentially, this is supposed to be a
facility in which the e er y Iive with some supervision. I am writing to you
to inform you of this and to allow you to anticipate and need for site plan
review, etc. Mr. Spadarra was very insistent that this renovation/change
does not constitute a change, sufficient to cause a site plan review. He has
not given me many specifics of his plan an as such, I have forwarded to him,
the letter I have enclosed. Hopefully, this will outline my concerns
sufficiently enough that he will seek you out for advise or counsel. I am
most willing to accompany you to this location, should you,wish to view the
present operation.
Sincerel
Glenn rCap
ain
1-Chief Jones
w
BARNSTABLE FIRE DEPARTMENT
3249 Main Street - P.O.Box 94
Barnstable, Massachusetts 02630
508-362-3312
FAX:508-362-8444
WILLIAM A.JONES III,CHIEF GLENN B.COFFIN,CAPTAIN
FIRE PREVENTION
April 26, 1995
Mr. Benjamin Spadarra PY
Village Haven Rest Home
3241 Main Street
Barnstable, MA 02630
Dear Benjamin:
Thank you for meeting with me this morning regarding your plans for the
Village Haven Rest Home. I would strongly suggest that you discuss your
future plans with the Town of Barnstable Building Commissioner, Mr.
Ralph Crossen. This will avoid any future misunderstandings and or keep
you informed relative to any changes in use you might be making. In
addition, it will also.assure whether or not you will require site plan
approvals. As you suggest, you may not be in a situation that will require
site plan or other Town of Barnstable approval. In any case, I am certain
that a building permit will be required for your renovation plans.
Please be advised, that while clients or staff are in the home, all present
requirements of this department will remain in effect. In addition, egress
zroutes shall remain clear and unobstructed, firefighting appliances shall
remain active and up to date. The fire alarm and sprinkler system shall
remain in service during all phases of construction unless otherwise
permitted by us. All proposed alterations to the sprinkler or fire a.larin
system shall be forwarded to this department no later than two (2) weeks
prior to any construction on that system. Sprinkler plans shall bear the
stamp of a licensed Massachusetts Fire Protection Engineer.
f
Sprinkler and alarm system work may take place only after a written permit
is issued by Chief Jones or myself Additionally, if the building is vacant at
any time, all fire suppression/detection systems shall remain in service and
operational. Again, I understand that your renovation may not be as
extensive as I have suggested. The purpose of this letter is as I explained in
our meeting, to let you know the policy up front and to avoid any
misunderstanding on your part. I will look forward to the weekly progress
memorandum that you stated you would send to me.
Sincerely,
enn . o in, in
1-Chief Jones
1-Mr. Ralph Crossen, Building Commissioner
Assessor's map and lot number ..... .'. -i. .... .v� Bpi THE TOE
yyLL pp
v o
Sewage Permit number �,�la ......Cpdh. �/G.y ..:G.h... ,p uYSTEM MUST. BE
INSTALLED IN COMPLIAN Z BaEB9TADLE, i
House number WITH ARTICLE 11 STATE °oo M & �
................................................... ....
SANITARY CODE AND TOWNDYPYa�e
TOWN OF 'BA.R.N��TLATIBLE
BUILDING ,..INSPECTOR
APPLICATION FOR PERMIT TOA la
......... .� :f1....... ...... .�. �N. ...s5
....................
TYPEOF CONSTRUCTION .....................................................................................................................................
".............. .�
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for
�iaapermit according to the following information: 1
Location .... ....� ........... g•% �- ......... S...:.........................................................................................
...
�J•
Proposed Use ..
i - '4a--�
Zoning District 1. J... Z' SN "Fire District ................. ...........................................................
Nameof Owner .... f!"...".T'..............................Address .......................................................
Nameof Builder ....................................................................Address ...........:........................................................................
Name of Architect .� �r....................................Address ............ . ............... . ........................... ..............
Number of Rooms ....Foundation
Exterior R! ...........................................................Roofing
Floors ......................................Interior ........
"fit ....ff r!..Vie........ .... .......................
Heating .......... ..............................................................Plumbing ............................. . ................................................
Fireplace ..................................................................................Approximate Cost .. ...........0yr..�.�.Q................ .......
Definitive Plan Approved by Planning Board ________________________________19_____::_. Area )M.. ....... . ... . ....
Diagram of Lot and Building with Dimensions Fee C>l--) �
SUBJECT TO APPROVAL OF BOARD OF HEALTH
1
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regar ing the above
construction.
Nam j:.::?�... . ....t . . :.........
of �est Home
Barnstable
frame
Yennit Granted ........ bp.teobuac..1L—'l9 78 '
. .
' '
� Dote of Inspection .........
. �
Dote Como��a6 � �^���!..�.�. ._.]q
' ^ . —. . »'
,
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. -
' PERMIT REFUSED
' lA
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Approved
............................................. lQ
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