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Main Street Applicants Address Barnstable, MA 02630 Email Address allisonsmackie@gmail.com Telephone Number 9 4 9-8 9 9-5 6 6 7 Listed ❑ Unlisted Business Information New Business? es No --------------------------- Business is a registered corporation? ________________________. Yes No If yes Name of Corporation 3660 Main Inc. Does business operate under the registered corporate name? Yes Is the business a sole proprietorship or home occupation? _________ Yes No If yes then a Home Occupation Registration is required—See Building Division Staff Name of Business 3660 Main Inc. d/b/3 Ashley Manor Business Address 3660 Main Street, Barnstable, MA 02630 Type of Business Lodging House Buil ing Com 's ioner Office Use( ply I �� ditions fl Building Commissio D ? Date4 Clerk Office Use Only �I � �� � i/� � J dAF�r J� y.A� ��� ,� e t Doc=1+388 s 288 -D.1,, 14-2D20 11242 BARNSTABLE LP#'!.'6dQRTr_REGISTRY Town of Barnstable 19 ft Zoning Board of Appeals ^r 20 Decision and Notice Special Permit No.2019-068—Mackie Modification of Special Permit No. 1998-61 B To allow the modification to enable the transfer of ownership of existing B&B Summary: Granted wffh Conditions Applicants: Allison S. Mackie and Victoria E LLC Property Address: 3660 Main Street, Barnstable, MA Assessor's Map/Parcel: 317/021-001 Zoning: Residence F-2 (RF-2) Zoning District Hearing Date: December 11,2019 Recording Information: Deed: Doc No.976135 LCP:34901-B {lot 11) Background Allison S. Mackie and Victoria E LLC applied for a Modification of Special Permit No. 1998-61 B to allow the transfer to new ownership. The Applicants proposed to continue to operate the owner- occupied Bed & Breakfast Ashley Manor as has been done. The subject property is located at 3660 Main Street, Barnstable, MA as shown on Assessor's Map 317 as Parcel 021-001. It is located in the Residence F-2. The Applicants seek to transfer the existing Ashley Manor Bed & Breakfast Special Permit No. 1998-61B to allow the continued operation of a 6-room, 12-lodger Bed and Breakfast under new ownership. The Special Permit and Variance were originally granted by the Board on November 4, 1998 to Donald J. Bain. The Special Permit and Variance were conditioned that they not be transferred without permission from the Board. On March 14, 2001, the Board allowed the transfer �. of the Special Permit and Variance into the name of Kathryn A. Callahan, (Callahan &Associates, 4 Inc.) (Appeals 2001-23 & 24). In 2004, (Appeal 2004-109 and 2004-110), Vincent J. Toreno and �- Patricia A. Martin, Trustees requested the transfer of the existing Conditional Use Special Permit No. 1998-61 B and Variance No.1998-62B issued for the operation of the existing Ashley Manor Bed & Breakfast. Again, the Board conditioned the transfer of the Special Permit and Variance to the applicant. Today the applicants seek to have the Special Permit and Variance transferred to them to allow the continued operation of the Bed & Breakfast. There are no proposed changes on the site or in the number of rooms or lodgers. The property consists of approximately 1.86 acres located on Main Street (Route 6A) in Barnstable Village. it is improved with a 5,394 sq. ft. two plus story wood frame dwelling, a 616 sq. ft. cottage and a 220 sq. ft. shed. According to assessor's records, the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private on-site septic system. Procedural & Hearing Summary Special Permit No. 2019-068 to transfer Special Permit 1998-61 B was filed at the Town Clerk's office and office of the Zoning Board of Appeals on November 18, 2019. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters and interested parties in accordance with MGL Chapter 40A. The hearing was opened on December 11, 2019 at which time the Board found to grant the special permit subject to conditions. Board Members deciding this appeal were Alex Rodolakis, David Hirsch, Herbert Bodensiek, Jacob Dewey, and Paul Pinard. Town of Barnstable Zoning Board of Appeals-Decision and Notice Special Permit No.2019-068-Mackie Attorney Kate Mitchell presented the application. Attorney Mitchell reviewed the history of the Bed & Breakfast and that any transfer of ownership requires the Board approval. Attorney Mitchell stated there are no changes proposed to the operation. The Board Chair asked for public comment. No testimony was given. Findings of Fact At the hearing on December 11, 2019, the Board unanimously made the following findings of fact in Special Permit Application No. 2019-068, a request to transfer Special Permit No. 1998-61B to new ownership: 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. This is a modification of conditions of Special Permit No. 1998-61 B for relief granted under Section 240-11C. (6). 2. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 3. A Site Plan has been reviewed and found approvable with conditions. (see letter dated June 24, 2004). 4. Such uses do not substantially adversely affect the public health, safety, welfare, comfort or convenience of the community. The vote to accept the findings was: AYE: Alex Rodolakis, David Hirsch, Herbert Bodenslek, Jacob Dewey, and Paul Pinard NAY: None Decision Based on the findings of fact, a motion was duly made and seconded to grant Special Permit No. 2019-068 subject to the following conditions: 1. Special Permit No. 2019-068, a modification of Special Permit No. 1998-61 B to transfer the ownership, is granted to Allison S. Mackie and Victoria E LLC for the property located at 3660 Main Street, Barnstable, MA. 2. Special Permit No. 2019-068 is not transferrable without prior permission from the Board. 3. All other conditions in Special Permit No.'s 1998-61B, 2001-23, and 2005-109 remain in full force and effect. 4. No further additions or alterations shall be permitted without approval from the Board. 5. This decision shall be recorded at the Barnstable County Registry of Deeds and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to issuance of a building permit. The rights authorized by this Special Permit must be exercised within two years, unless extended. The vote was: AYE:Alex Rodolakis, David Hirsch, Herbert Bodensiek,Jacob Dewey,and Paul Pinard NAY: None Ordered Special Permit No. 2019-068, to transfer Special Permit 1998-61B into new ownership has been granted. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within two years unless extended. Appeals of this decision, if 2 Town of Barnstable Zoning Board of Appeals-Decision and Notice Special Permit No.2019-068-Mackie any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty(20)days after the date of the lin ,oflhis decision, a copy of which must be filed in the office of the B stable Town Clerk. 14 Alex Rodo akis, Chair Date qigneb 1,Ann Quirk,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 0 day of a 7—D2A under the pains and penalties of perjury.' r - ('&oc4x4Q� Ann Quirk,Town Clerk v 3 ( arnztable Vaffiot Proof of Publication Publication Date 9 I LEGAL AD _ - LEGAL AD Town or Barnstable Town of Barnstable Zoning Board of Appeals Zoning Board of Aapeate Notice of PubleHeivings under the Zoning Drdh nice Notice of public Headrgs under the Zoning Drdinarte December 11,2019 - December 11,2019 To all persons interested in or attested DY the actions al the Zoningt[ To all persons I listed m or atteaed ily the actions o1 the ZWng Board of Aopea75,you are txereby notified.pursuant no$adlo0 1 t of f gyp 01 AppeaLc,you aro hereoy notified,p0rsuaru to Section 11 0l Chapter 40A of the General Laws of the Commonwealth of Massa• Ghaptef 40A of the General Laws of the Gommbmvealih of Massa- chusetts.and all amendments Merero.Tat a pubic hearing on the` chuspas,and a8 amendments tifernto,diet a pudic heanh9 01 the lol.owmg appeals will he held on Weariesday.December 11.2019.of; bllrnAnp appeals vA7r be held on Wednesday.pecembel 11.2019.et' the time indicated: the lime InOicated: 1t 7:00 PM Appeal No.2019-MB Conrado 7:00 pM Appeal No.2019-09 1 Conrado I Ricardo Conrado,as prospective own^t'has applied for a Special Ricardo Conrado,as plospeetive fawner,Ms 11PO"d'of a SPWW Permit pursuant to Section 24"4—Ldpansion or a Pre-Existing pew pursuant to Section 240-94—Expansion of a Pre-Edsting Noneonlriming Use. The Appicant Is proposing to construct a tle- Nonconforming Use. The Applicant is proposing to construct a de-1 lathed bursar garage wan a two-bedroom Ihring uNt above on a lot ached lour-car Derails with a two-beeroom timing on above on a lot where there presently ousts a two-famly awehling In a singledamily where there Vesentry mats a two4amiy Wailing in a sirrglclartliy` resi6antlal zoning district. The subred d:apeny is located at 60 residential Zoning district. The subject property is located at 60 l Nautical Hoard.Hyannis,MA as shown on Assessor's Map 307 as Nautical Road,Hyamris.MA as shown an Assessor's Map 307 a9 Paroel235. h is totaled In the Residence B(RB)Zdnhg Disutct. f Paree1236.0 k located in Ne 11es1oence B(RD)Zoning Disl- 7:01 PM Appeal No.2019-g67 Maclae 7.01 PM Appeal NO.2019-067 Media Allison S.and Victoria E Mnohla have applied for a Modiffoahon of Allison S.and Victoria E.Mackie have applied for a Moddkalion of Variance No.1998.528.Condition No.1 to allow The transfer to new i Vail arsce No.1gg8.626,Condition No.1 to allow the transrar to new ownership. The Applicants are pmml4g 10 continue to operate the t ownership. The Applicants are proposing to continue to operate" owner-oocupled Bed 6 Bfca%last Ashley Manor as has been done.! pwher-oewpied Red 6 Breakbst Ashley Manor as ties been done. The sub)eei property IS lasted at 3660 Main Sliest,Barnstable.MA The tibiae property is locateo et 3660 Main Street Bamstabte,MA as shown on Assessors Map 317 as Parcel 021.001. It is located in as ghpvm on Assessors Map 317 as Pamd 021.90t.It is 10010 in the Residence f•2 the Residence F-2. 7:02 PM Appeal No.20t9-068 Mackie 71)2 PM Appeal No.2019-088 6aadde Al S.and Victoria E Mackie have applied for a Mod'dicadon of Allison S.and Octotia E.Macie have applied Ior a Modification of Specot Permit No.1998.618 to allow The hansfer to new ownership. Special Permit No.1998.618 ro allow the 11a+ufer to new ovmelshi?. Tne Applicants are proposing to continue to operate the owner- The Applicants are proPadng to continue to operate the owner-f Occupied Bed 6 Breakfast Ashley Manor as has been done. The sub- occupied Bed 6 Breakfast Ashey Manor as has been done.The sub- ject-property is located at 3660 Main Street, Barnstable, MA as jecl property is located at 3660 Main Street Bamslable,MA as shown on Assessors Map 317 as Parcel 021-001.It Is located in the shown on Assessor's Map 317 as Parcel 02101.It IS located in the Residence F-2. Residence F-2. These pubile heariM will be held sire Barnstable Town Hall,367' Ttlese PUN c hearings wig be helA et the Barnstable Town Han.367, Main Street,Hyannis,MA,Heatirg Room located on the 2nd Root, Main Sheet Hyannis.MA Hearing Room looted on the 2nd Roof.f Wednesday. December n,2019. Plans and applications may be re•• Wednesday. December 11.2019. Plans and appiicavgns rosy be re-. Mewed.at the Zoning Board at Appeals Offce,Planning and Develop.! viewed at ins Zoning Board 01 Appeals Office,Planning and—top- ment Department Town Offices,200 Main sliest.Hyanms.MA. f mein Department,Town Offices,200 Main Strect Hyannis,MA• Barnsable Pairlot Aka Rodolakis,Chair t Barnstable Patriol Alex Rodoblde,Chair i 1122/19,11/29/19 Zoning board of Appeals 11 11l27/19. l29119 Zoning Board o1 Appeals Grtttarlutur4nAiwttt I e r � l Patriot r Proof of Publica#ion ralicadon Daft. 7�:c\G.-1 LEGAL LEGAL AD Town 01 Sam Stable TOM o1 Barnstable Board of Appeals Zoning Board of Notice of Public Hearings under the Zoning Ordinance Appeal. December 11,2019 Notice of Public Hearings under the Zoning Ordinance To e9 pera0rls fmorest11 in M III by fie actions of the Zoning December 11,2019 9oard or Appeals,You are hereby notified•pursuant to Section 11 of To all persons interested In or stleeted by the actions of the Zoning Chapter 40A of the General taws of the Commonwealth of Massa• Board of Appeals,you are hereby notified,pursuant to Secton 11 of Chiusano.and an amendments thereto,that a Public hearing on the Chapter 40A of the General saws of the Commonwealth of Massa- following appeals will be hold on Wednesday.December 11,2019,at chusatta,and all amendments thereto,that a public hearing on the the time Indicated: following appeals will be herd on Wednesday.December 11,2019,at the time indicated: 7:00 PM Appeal No.2019-M Conrado Rlu 7d1[I PM Appeal No.2019.058 Comrade rde Contado,as prospective owner,has applied lot a Special Permit pursuant to a.%lion 240.94-Expansion of a Pre-Eatsting Ricardo Con-p.as p'aspecliv i owner•has applied for a Special Nonconforming Use. r)l1a Applicant is Proposing to construct a de.- Pmmd pursuan.to Section 240.94-Expansion of a Pre-Existing fached lour-car garage with a lwo-0edroom living unit above on a loT Noncom ormaip Ilse. The Applicant s proposing lo construct a de- • where them Presently.exists a two-family dwegtng in a single-famly torhed fan-car garage with a two-bedroom living unit above on a lot residential arming district The 31,1110 property Is located at 60 where there p'.asemly exists a two-family dwelling in a single-family Nautical Road.Hyar4ies,MA as shown an Assessors Map 307 as residential Goring district. Tng srlblsct property is located at 60 Parcel235.It is located In the Residence B(RE)Zoning DlstricL Nautical Road,Hyannis.MA as shown on Assessor's Map 307 as Pwcol235,it is located in the Residence B(RE)Zoning District. 7:01 PM Appeal No.2019-067 Madge 7dI1 PM Appeal No.2019 MaMde Alison S.and Victoria E.Hackle have to a:lv lot a Modification of Alison S..and victoria E.Mackie have applied for a Modification of Variance No.1996-626.Condition No.t to atlew the transfer p new ownership. The Applicants are proposing to Continue to operate the Variance No.1990.628.Condition Na 1 to allow the transfer to new owner-occupied Bed&Breakfast Ashley Manor as has been done. ownership. The Applicants are proposing to Continue to operate the The subject property is located at 3660 Maio Street.Bamslable,MA owner-oocupled Boil 9 BmWast Ashley Manor is has been Vona. as shown on Assessors Map 317 as Parcel 021-001. N is located in The subied property is totaled at 3660 Main Stfoot Barnstable,MA . the Residence F-2. as shown on Assessors Map 317 as Parcel 021-001- hie located in the Residence F-2. 7:02 PM Appeal No.2010 066 Mackie 7:02 PM Appeal No.20f9066 Madue Alison S.and Victor-9 E.Mackie have applied for a Modi alian of Alison S.and Vicuna E.Macrae 1+ave applied for s Moacive on o1 Special Permit No.1993.6 si g toall continue Me transfer to new the"ship. spa.I Permit Na 1998.618 to allow the transfer to new ownership._ The pied Bed era proposing lo anor sto operate the Owner• The Applicants are Proposing 10 continue 10,operate the Owner- Oct PrO Bed i B0mled t Ashley Manor as has beenBarnstable. done.The subs occupied Bed d Breakfast Ashley Manor is his been done.The sub- Shown Property s haled at 3660 Main 21-CoStreet, Bamelocat in he loci properly s local at 3660 Main Street.Barnstable. MA as secvrn do Assessors Map 317 as Parcel 021-Obi. tr s located in thB ResiOence F-2. shown on Assessor's Map 317 as Parcel 021-OD1.Itis located In the These Public hearings will be held at fAe Barnstable Town Han,$67 Residence F-2. Main Street,Hyannis,MA.Hearing Room located on the 2nd Hoar, These public hearings will be held at the Samstable Town Hall 367 Wednesday. December it,2019. Plans and applications may be re. Main Street,Hyannis,MA Hearing Room faceted an the 2nd Poor, viewed at the Zoning Board of appeals Office.Planning and Develop• Wednesday. December 11.2019. Plans and applications may be le- mem Department.Town Offices,200 Main Street.Hyannis,MA. viewed at the Zoning Board of appeals O fice.Plarmrng and Develop- meet Department,Town Offices.200 Main Steel Hyannis.MA Bamstable Patriot Alex Rodalakis.Chair Barnstable Patriot Alex ltodota os,Chair 11/22/19,I1/29y19 2oninpBoarOofAppeals Ba I 11y22rf9.11WI9 Zoning Board of Appeals Town of Barnstable nABL& Assessing Division try "�••r 367 Main Street,Hyannis MA 02601 ro- www.towndbarnstable.us Office: 508-8624022 Edward F O'Neil,MAA FAX: $08-862-4722 Director of Assessing ABUTTERS LIST CERTIFICATION DATE: November 27, 2019 RE: Abutters List For: 317-021-001 As requested, I hereby certify the names and addresses as submitted on the attached sheet(s) as required under Chapter 40A, Section 11 of the Massachusetts General Laws for the above referenced parcels as they appear on the most recent tax list with mailing addresses supplied, excepting parcel 317-042, with a card attached for the new mailing address. Board of Assessors Town of Barnstable TGeographic own of Barnstable Information System November 19,2019 V #36043 318054 318009 i #3808 #38J 3180A 318008 IR 120 318037 #0 #115 31800 8 .. q 318050 *401 ..318D'�8•`'•�`7..'. r • tr518052 _ #6041 I r'9400 141 317017 317018 o #3600 83610 316037 0 150 317015 A ^ 317021003 #3578 317020 ] VO 40424 #417' �r LJ 317018Ma -C76 317021002. #428 # ..t ;iy317025 37 317021001 �l 317044 317043001 f,d`. ... . 3609 �s #3565 31704 #3625 317024 . /,•. 03698 317028 ! L j-`-!#3714 7 . r„. 317027 #3730 t 024 - 317040' . ... r 31734 _ 7e 3655 ' F /S7QIN-•• ir3511:::.•.:.:.:::':i':..' ST/yTE6A 317044:•.. : 317074iSi`c': :'`;::.'`'<:a' •'i i:''. {:; '. •:'' -.a::::%'.:#3641i.... J'� l�;a i^-ry :_.•. 3170333 317039 L. #3705 s�s 317 ry d'' , 082 `=`i••'`''.�.�,'' i.d *372S t 7C38 3 1 l6'rr .'. 1i * 034 !s 6 >r . 317081 317032001: + 3C95 317090 #3716 o11 #3735 Feet 31703100,CMp 317031002 DISCLAIMERS:This rnap Is for planning purpoluts only,It Is na adequate roricgrd•• Map:,317 Parcel:021001•Zoning Board of Appeals(ZBA) - boundary delerminaton or regulatory Inwpwartlon. Enbupomonts beyond a state or Selected Parcel r=1 no'may not moot ostabiwed map accuracy standards.The parcel lines an this map Abutter Ust Type-Parties of interest are those directly opposite subject lot on „ are only p•eptaa marosanlmory of asaesser'e tin panels.They a:o not no pr000rty any public or private street or way and abutters to abutters. Notification of all Abutters w- 'E boundsnes end do not represent acamro relationships to ohysiul fcntures on pb moo properties within 300 feet ring of the subject lot. V x cn ea DupeMp Ixetlons. Buffer S 11/18120t9 AbutterReport Zoning B and of Appeals (ZBA) Abutter List for Map & Parcel(s): '317021001' Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters.Notification of all properties within 300 feet ring of the subject lot. Total Count: 21 -1 Close Map&Parcel Ownerl Owner2 Addressl :.ddrass 2 Malting Country Deed Cltys1tate2lP 317019 ANGEU,MICHELLE K PO BOX 219 BARNSTABLE,MA 26717/ 02630 4 317020 FLEMING,PETER TR BARBARA A FLEMING 417 COMMERCE ROAD BARNSTABLE,MA 25343/ 1RREV INC ONLY TRUST 02630 239 317021001 TORENO,VINCENT 1 3660 MAIN STREET 3660 MAIN ST BARNSTABLE,MA C173986 ET AL TRS TRUST 02630 317023002 BOOTH,PAUL 8 4339 FALMOUTH COTUIT,MA 02635 C214691 MICHELE ROAD 317021003 MARCHANT,DENNIS& C G M REALTY TRUST P 0 BOX 442 BARNSTABLE,MA C155567 VICKI R TRS 02630 HANDY,EDWARD O I1I C/O HANDY,EDWARD J PO BOX 403 BARNSTABLE,MA 10544/ 317022 &SETH H TRS JR 02630 255 317024 SALEM,ROHAM T& 3683 MIAN STREET BARNSTABLE,MA 30512/ DIANE 02630 29 DOLL,DAVID C& BARNSTABLE,MA 14949/ 317025 JULIA B TRS O]C REALTY TRUST 3704 MAIN ST 02630 162 317033 FULGINITI,LETA L PO BOX 196 BARNSTABLE,MA 8216/ 02630 27 317034 BLUME,ANDREW C& 40 E 88TH ST NEW YORK,NY C146372 NANCY C 10128 317035 BARNSTABLE,COUNTY OFF ROUTE 6A BARNSTABLE,MA 64171 OF 02630 22S BARNSTABLE,COUNTY COUNTY FARM-DAIRY BARNSTABLE,MA 6417/ 317038 OF BARN P O BOX 997 02630 225 317039 BAGSHAW,ROBERT 86 WEST APT I BOSTON,MA C203053 SPRINGFIELD ST 02110 317039001 JOHNSON,CARL PO BOX 306 CUMMAQUID,MA C180115 02637 317040 JOHNSON,CARL H JR P 0 BOX 306 CUMMAQUID,MA C108400 &JUDITH E 02637 317041 STOESSER,RALPH L WINWOOD FIDUCIARY 410 COTTAGE CT MARCO ISLAND, C184181 TR TRUST II Fl.34145 317042 SHUCK,WENDY B %FARRELL,DENNIS J& 23 COBBLESTONE PLYMOUTH,MA 279321 MARILYN E LANE 02360 1 DOE, T&GRIFFIN, & YESTERYEAR 317043 NOMINEE BARNSTABLE,MA 29796/ DES TRS R &GRIFFIN, TRUST 3611 RTE 6A 02630 334 DEB 318008 HILFERTY,BARBARA 3 P O BOX 87 CUMMAQUID,MA 7071/ 02637 116 BARNSTABLE LAND WEST 31739/ 318026 TRUST INC 1540 MAIN STREET BARNSTABLE,MA 229 02668 318052 NANNI,ANTHONY P& 15 BSULLACK ROAD SARKHAMSTED, C196S38 SARAH B CT 06063 This lu1 by 4301 does NOT consldute a certified fist of abulters and is providod only as an ald to the determination of abutters,If a ee l.fied list of abutters is mqu;red.cmtacl the Assoti inq Division to havo this fist certified.The owner and address d4itu on this list is from the Town of Barnstuble Assessors database as of 11/19l21119. , , maps.townofbamstable.usJarcims/aPP9eoapp/AbutterReport.aspx?type=ZBA !l1 Property Location:3625 MALN STJRTE 6A(BARN.) MAP 1D:317/042//� Vision ID:26407 Account N om_ L,DENNISJ&A1ARII.YN E 1 FARREL D J.evel 'ublie water bENNIS J&MARILYNA E FARRELL R.— COBBLESTONE LANE Cas aved f ept(c LYAfOLTH,Fitt 02360 SUPPLEMENTAL pATA Additional Owners: )ther ID: � l Plan Ref. 622/3: plit Zoning Land Ctw ID Parcel 'pSR lc$ExDL 1 pt Qua] Life Estate Notes; '�DL 2 1S1D: 26407 ASSOCPID9 I RECORD OF 0 WIYER5111P BK-VOLIPAGE 7ATE /u v!tFARRELL,DENNIS J&AtARILYN E TRS 32351/150 9 U I FARRELL,DENNIS J&AiAR,LYN E 32344/284 9 Q 1 SHUCK,WENDY B 27932/ 1 4 Q 1 .ARAMEE,WILLIAM T&SUSAN L 22538/206 7 Q I IIOPKINS.GARRY J&NANCY T 22538/204 7 U 1 iIOPKBVS,GARRY J&NANCY T 19534/347 U 1 i r BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Td Docs1s388s289 01-14-2020 11:42 BARNSTABLE LA COURT REGISTRY �'P';1STARLE i r Town of Barnstable Zoning Board of Appeals 19 DEC 20 r:• Decision'and Notice i ^6 Variance No.2019-067—Mackie Modification of Variance No. 1998.62E To modify Condition No. 1 to allow the transfer of ownership of existing B&B Summary: Granted with Conditions Petitioner: Allison S.Mackie and Victoria E LLC Property Address: 3660 Main Street, Barnstable, MA Assessor's Map/Parcel: 317/021-001 Zoning: Residence F-2 (RF-2) Zoning District Hearing Date: December 11,2019 Recording Information: Doc. No.976135 LCP No.34901 (Lot 11) Background Allison S. Mackie and Victoria E LLC applied for a Modification of Variance No. 1998-62B, Condition No. 1 to allow the transfer to new ownership. The Applicants propose to continue to operate the owner-occupied Bed & Breakfast Ashley Manor as has been done. The subject property is located at 3660 Main Street, Barnstable, MA as shown on Assessor's Map 317 as Parcel 021-001. It is located in the Residence F-2. The Petitioners sought to transfer the existing Ashley Manor Bed & Breakfast Variance No. 1998- .g 62B into new ownership to allow the continued operation of a 6-room, 12-lodger Bed and (� Breakfast. The Special Permit and Variance were originally granted by the Board on November 4, .9 1998 to Donald J. Bain. The Special Permit and Variance were conditioned that they not be transferred without permission from the Board. On March 14, 2001, the Board allowed the (� transfer of the Special Permit and Variance into the name of Kathryn A. Callahan, (Callahan & (� Associates, Inc.)(Appeal No's 2001-23& 24). In 2004, (Appeal 2004-109 and 2004-110), Vincent J. Toren and Patricia A. Martin, Trustees requested the transfer of the existing Conditional Use Special Permit No. 1998-61 B and Variance No.1998-6213 issued for the operation of the existing Ashley Manor Bed & Breakfast. Again the Board conditioned the transfer of the Special Permit and Variance to the Petitioner. Today, the Petitioners seek to have the Special Permit and Variance transferred to them to allow the continued operation of the Bed & Breakfast. There are no proposed changes on the site or in the number of rooms or lodgers. The property consists of approximately 1.86 acres located on Main Street(Route 6A)in Barnstable Village. It is improved with a 5,394 sq. ft. two plus story wood frame dwelling, a 616 sq. ft. cottage and a 220 sq. ft. shed. According to assessor's records, the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private on-site septic system. Hearing Summary Variance No. 2019-067, a modification of Variance No. 1998-62B, was filed at the Town Clerk's office and office of the Zoning Board of Appeals on November 18, 2019. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters and interested parties in accordance with MGL Chapter 40A. The hearing was opened on December 11, 2019, at which time the Board found to grant the Modification Variance subject to conditions. Board members deciding this petition were Alex Rodolakis, David Hirsh, Herbert Bodensiek, Paul Pinard, Jacob Dewey. i H Town of Barnstable Planning and Development Department Decision Modification Variance 2019-067-Mackie Attorney Kate Mitchell presented the application. Attorney Mitchell reviewed the history of the Bed & Breakfast and that any transfer of ownership requires the Board approval. Attorney Mitchell stated there are no changes proposed to the operation. The Board discussed variance criteria and decided they have the authority to grant the transfer of ownership and continue the same conditions. The Board Chair asked for public comment. No testimony was given. Findings of Fact At the hearing on December 11, 2019, the Board voted and made the following findings of fact in Variance No. 2019-067, a request for a Modification of Variance No. 1998-62B at 3660 Main Street, Barnstable, MA. i. Owing to circumstances related to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located. See Variance No. 1998-62B. 2. A literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise to the petitioner. The majority of the Board found that being unable to refinance a mortgage is a financial hardship. The Board found that there will be a financial hardship to the current owners if the operation cannot transfer. a. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. The Board found that the appearance and operation of the multi-unit structure will be unchanged. The Board found there will be no change to the operation of the Bed & Breakfast. The Board voted to accept the findings as follows: AYE:Alex Rodolakis, David Hirsh, Herbert Bodensiek, Paul Pinard,Jacob Dewey NAY: None Decision Based upon the findings a motion was duly made and seconded to grant the Petitioner the relief being sought with the following conditions: 1. Variance No. 2019-067, a modification of Variance No. 1998-62B to allow the transfer of ownership, is granted to Allison S. Mackie and Victoria E LLC for the property located at 3660 Main Street, Barnstable, MA. 2. Variance No. 2019-067 is not transferrable without prior permission from the Board. 3. All other conditions in Variance No.'s 1998-623, 2001-24, and 2004-110 remain in full force and effect. 4. No further additions or alterations shall be permitted without approval from the Board. 5. This decision shall be recorded at the Barnstable County Registry of Deeds and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to issuance of a building permit. The rights authorized by this variance must be exercised within one year, unless extended. The vote was: AYE:Alex Rodolakis, David Hirsh, Herbert Bodensiek, Paul Pinard,Jacob Dewey NAY: None Ordered Page 2 of 3 2 1 r r Town of Barnstable Planning and Development Department Decision Modification Variance 2019-067—Mackie Variance No. 2019-067, a request to modify Variance No. 1998-62B in order to transfer ownership, has been granted with conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year unless extended. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty days after the date of the filing of this decision, a copy of which must be filed in the office of the Bams ble Town Clerk. A! Ro olakis, Chair Date Signed 1, Ann Quirk, 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 /6�1 day of 04,A ZD under the pains and pdri@ es-of perjury. Le I Ann Quirk,Town Clerk 'Page 3 of 3 3 Oarn5table Vaffiot Proof of Publication Publication Date LEGAL AD FftW LEGAL AD Town oh Barnstable TownOfBarnstableZoning Board of Appeals Zoning Board of Appeals Notice d Public Hearings under the Zoning Ordinance Notice 01 Public Hearltgs under the Zoning Ordinance T hicenber 11.2019 December 11,2019 TO all persons interested in or elrecHd by the adtlortl of me Zoninp all persons InterestedInOratecied by the actors o1 the Zoning Board of Appeals,you ere herebynotified.pursuant 10 Sectlon I t of m ADpeaxs.Y� mn,pusStorm It of Chapter 40A of the General Uwe o1 the Commonwealth al Massa- ter 40h of the Generchusens,and all amendments Meraro,that a public hearing on the Y etls,and cell amrmd refs thereto.101lowing appeals will be nett on Wednesday,December 11,2019.at: ing appeals will be held on Wednesday,Decerrherthe Gene lntlicaled: me.bloleated:7:DDPM AppealNo.2019-148 Conrado 0 PM Appeal No.2019.1158 1 Conredo R,ardo Corrado,i!S prespectNe ohmryry has aDotled for a Spedal cardo Contado,as prospectiae owner,lk3s applied for a SpedalPenn pursuant to Section 240.94—FSpanslon of a Pre•Fiisung it pulsuaat to Section 24D-94—expansion 01 a Pre•6rwing Nonconforming Use. The Applicant Is proposing to construct a da- conforming Use. Tha Apo7reard is proposing 10 owstluct a 0, (ached Imcar garage won a two-bedroom IWO unlit above On a lot ad facet-tat garage with a two-Dedrnwn living until abovele 0na Ielly where Mete presently exists a two-Iamlly dwelling in a single-family re Owe Dresentiy exists a tw0-lamiy'decdpngjnaslated at Soresidential lDnIng distrief. The subject p:openy Is located al OD entW Zoninp district, The subject Properly islocated>n fi0Nautical Road.Hyannis,MA as shown on Assessor's Map 307 as t�' ti al Road.Hyamris.MA as shown On Assessors MAP 307 asParcel 235.h is located in the Residence 8(RB)Zoning District. y d 235.N 6located In the Residence B(RB)Zoning District- AppealND.2019-087 Madde :01 PM APDeaI M 2019-081 Mackie Allison S.and victo,ia E.Mackle have applied foraModification of lison S.and Victoria E.Mackie have applied for a Modibcation of Variance No.INO.628.Condition No.i to allow the transfer to new iance No,1998 62B,Cmlddkn No.1 to aIVOW tfie transfer 1D new ownership. Tha Applicants are proposing to continue 10 operate Ins, nership. The Applicants are proposing Io continue to operate 1ht owner-occupied Bed 6 Breakfast Ashley Manor es has been done.) pwasr-dddupi d Bed 6 Breakfast Ashley Manor D3 has been done• The subject property is IDea1d at 366D Main Sheen.Barnstable,MA The subject property is located 913660 Main Street,Barnstable.MA as shown on Asstssor s Map 317 as Parcel 021-001. it is located In as shown on Assessors Map 317 as Parcel 021-Dot.It Is located M Me Residence F•2, the Residence F-2. 7:02 PM Appeal No.2019-068 Mackie 7;02 PM Appeal NO-2019.OBB aaacwe - Austin S.and victoria E Mackie have aPPkd for a MOCIMC001`of Allison S,and Vlcloria E.Maine have applied lac a ModRicabon Of' SDeCaf Permit No.1998-SIB to allow the lranslet to new ownership, Special Parent No.1998.618 to allow the transfer to new ownansWP. yea Applicants ate proposing to continue to operate the owner- The Applicants are proposing to continue to operate the owner- occupied Bed&Breakfast Ashley Manor as has been done.The sub occupied Bed 3 Brealdast Asbley elanor as has been done. The sub- ject property Is located at 3660 Main Street.Barnstable. MA as jay property Is located n 36M Main Sheet.Barnstable.MA as shown on Assessor*&Map 317 as Parcel 021.001.II is 1prafed Ir the 3h0wn on Assessors Map 311 as Parcel 021-0O1.h IL located in the 1 Residence F-2. Reehderlce F•2 These pudic hearings will be held at the Barnstable Town Hall.367' These public hearings wilt be held atMe Barssable Tm tll od Roar,r Main Street,Hyannis,MA,Hearing Room located on the 2nd Floor,I Main Street,Hyannis,MA,Hearing Room located on the 2ny fin•r Wednesday, December 11,2019. Plans and aPPlsetions rr3Y be re d -• Wenesday, December It.2019. Plans and apDUcOonS may be re•_ viewed at the Zoning Board of AP3eals Office.Planning and Develop-t viewed at the zoning 608111 Of Appeals Office,PYa ri nq and Develop- meal Department,Town Offices,200 Main Street,Hyannis,MA. meal Department,Town OhiMs.200 Main Stred.Hyannis,MA. Barnstable Patriot Alex RodolaNs,Chair Barnstable Patriot Alex ROdelaki8.Chair 11221%I I/29119 Zotdng Board of Appeals 11/22119,11729f19 Zoning Board of Appeals ll � CVA404 VAIN hnaiaaw.. I Vaffiot Proof of Publication PublicadonDatc r LEGAL AD LEGALAD Town of Barnstable Town of ALADBarnst la Zoning Board of Appeals Zoning Tow Board of Appeals Notice of Public Hearings under ibe Zoning Ordinance Nance o1 Public Hearings under the Zoning Ordinance December ortaercle if,20t9 Oecember 11.2019 To as persons Interested a or yHccted by me actionsnto of the Zoning To OR persona Initialled in or affected by the actions of the ZOnirg Board of Appeals,you are herawofth notified,D mmom ea Sections of Board of k,you are hereby notified.Pursuant to Section 11 of Chapter 40A d the General Laws e1 the a public hei of Massie Chapter 400A�of the General Lem of the Commonwealth o1 Massa- following hoeing and ax wig be Nelda thereto,sdat a public hearing on the 0 setts,and all amendments theleto,that a public hearing on the tedowmp appeals wig be held on Wednesday,December 11,2019,nt the time indicated: r0lrovdrg appears will be stele on Wednesday.December 11,2019.at the ume indicated: 7:00 PM Appeal No.2010.09 Comado 7d)0 PM Appeal No.2019.058 Corrado Ricardo Conrodo,as prospectiva owner.has applied for a Special Permit pursuant to a'he 24D.94-Expansion o1 a Pre-ExisWg Ricardo COnr%q,as prospective owner,has applied for a Special Nonconforming Use. r he Applicant is preposim;to construct a de- Permit pursuan,to Beaton 240.94-Expansion of a Ple-Eaisbrp tached four-ter garage with a Iwo-bedroom living Unit above on a fol Nonconforming Use. the Applicant is P40POsing to cerrSVed a da- whore there presant y y,exists a tyro-tarn dwelling In a single-family lathed Mar-car garage with a two-bedroom living and above on a sot rosidemiai Zoning MldcL The sub(ed property Is located of 60 where there prosanly exists a two-family dwelling in a single-fatuity 'NaftJpf Road,Hyannis,MA as shown On Assessor's Map 307 as residential Zodng dsaica The s*acl properly is located at 60 Parcel 235.H is located in the Residence 0(RE)Zoning District Nautical Road'.Hyannis,MA as shown on Assessor's Map 307 as Parcel It Is located inthe Residence 8(AB)Zoning District. 7:01 PM Appeal No.2019-067 Madde 7:D1 PM Appeal No.20197 Macldti Allison S.and Victoria E.Mactia lave applied tot a Modification of Allison it A Victoria E.Mackie have applied la a Modification on of Variance No.199afi2B,Condition No.1 to allow the transfer to new i VarWton No.and Victors E.MaCondi kl Na 1 to allow Fla Moditransfic to new ownership, The Applicants fire are proposing to continue s beano done. ovoership, The Applicants are proposing to continue to operate the The subject pro Bed s Breakfast a 360 air St as has been done. owner-occepied Bed 8 Breakfast AddW Manor as has been done. Theown property k bated st s Pa Main Street Barnstable, In The sub(eci property l9 located st 2660 Main Street Barnstable,MA as shown On Assessors Mao 317 Parcel 021-001. It la located in Ill Residence F-2. as shown on Assessor's Map 317 as Parcel 021401, 0 is located in the Residence F-2, 7:02 PM Appeal No.2019-0b'B Macke applied for a Modifcation o1 i 7:02 PM Appeal No.2019.068 Madlb S Allison Permit and O,199a E.9 to a allow have Allison S.an Viet"E.Machfe have applied for a Modil cation of Special pliant No. proposing g toc the continue to p new the ownerhip.. i The Applicants are praposmp to cenlinue to Operate the saner- Special Permit No.199B•81B to allow the transfer 10 new ownership., occupied Bed a Breakfast Ashley Manor as has been done.The sub- The Applicants are proposing to eorigmre to,operate the owner occupied Bed 6 Breakfast Ashley Martin as has been done.The sule- sh non As is located at 7a60 Mean Sheet Barnstable. in he )act property is totaled at 3M Main Street.Barnstable, MA as shown ce Assessor's Map 357 as Parce102t-0Ot. d B located in the shown on Assessors Map 317 as ParM 021-001. a is boated in Bra Residences F2. These public beadrps will be held at the Barnstable Town Han,367 Residua t-2. Main Street.Hyannis.MA.Hearing Room located on the 2nd Floor, These public hearings will be hMtl at the Barnstable Town Hall,367 Wednesday, December 11,2019. Plans and applications may be re- Main Streel.Hyannis,MA.Hearing Room located on the 2nd Roar, viewed at the Zoning Board of Appeals Office.Planning and D..IW Wednesday.December 11,20"' Plans and appifrations maybe re- mem Comment Town Offices,200 Main Street,Hyannis,MA. viewed at the Zomng Board at Appeals Office.Planning and Oevefop- from Depariful,Town Offices,200 Main Street Myosins.MA. Barnstable Pah;ot Alex RoddaNa,Chair I+ Barnstable patriot Aox Rodolakls,Chair 11R1/19,t1/29m9 Zoning Board if Appeals 11/22/19,51/29ri9 Zoning Board of Appeals n« rr 4 Town of Barnstable l Assessing Division \ 039. �•� 367 Main Street,Hyannis MA 02601 �o www.townotbarnstable.us Oft'rce: 508-8624022 Edward F O'Neil,NUA FAX: 508-8624722 Director of Assessing ABUTTERS LIST CERTIFICATION DATE: November 27,2019 RE: Abutters List For: 317-021-001 1 As requested, I hereby certify the names and addresses as submitted on the attached sheet(s)as required under Chapter 40A, Section 11 of the Massachusetts General Laws for the above referenced parcels as they appear on the most recent tax list with mailing addresses supplied, excepting parcel 317-042, with a card attached for the new mailing address. Board of Assessors Town of Barnstable Town of Barnstable Geographic Information System November 19,2019 ' 318053 318054 #3G04 � 318009 318028 383 0120 318037 31SMS ® 0116 #0 319008' �318050 *401. . 318028.:.:`:.'.'.`•. 318D41 rr 4Z18052 0141 'a400 317017 317018 y w a #3000 43610 w 318027 3t70t5 r-f 317021003 1� A 03578 3170:0, V s4_4 r fr a 417:f 317016 #3598 1 0 3170= 1 3t09 �f '.J • ..ram : "•317021002 n : ¢ #a 28 A? ; i7f 0' 3r o #:seo.r; `.3•.:'• 317044 317043001 /J�:. 0 3565 #3608 :317042 317024 : e88 3170-•re 03714 317075 - r 93730 7 -31 040 ':.'.'317i143:>..:,.:,;•���..�.`.',�,,' `- •'.*3855; .. '.�"� /i>If/N. • F 7 r' sriRrE ca 317041 J'-� /� L.la � L s #3705 317082 17 317039 1 1 S i•• [� 03725 h 5t7038 170.,�. = 317034 .:•'•... 3t7081 V 3675 #3696 317090 00 03715 1041 03735 3 a A 0 317031001C 317ND f002 Eeet 03 5; DISCLAIMERS:This map is for panning purpma only.It Is rot adequate t"at Map:317 Parcel:021001 Zoning Board of Appeals(ZBA) Selected Parcel F�t boundary detem+inaion or regulatory In9arpretazlon. Enlm{;omen:a beyond a scale or Abutter List Type-Parties of interest are those dlrectfy opposite subject lot on IJ;, 7•a o may nol rMM Muni�stred map accuocy starviards.The parcel line on"mnp W., am Nygraphk M-MLW. otmea of Assessor's tax parcels.They am not tree Property any public or private street or way and abutters to abutters. Notification of atl Abutters mundane and do not reprosem exumis relationships to 0"5r3i features on the moo properties within 300 feet ring of the subject lot. such as eunding locations. Buffer 11/191201g AfwtterRepod *' Zoning Board of Appeals (ZBA) Abutter List for Map & Parcel(s): '317021001' Parties of Interest are those directly opposite subject lot on any public or private street or way and abutters to abutters,Notification of all properties within 300 feet ring of the subject lot. Total Count: 21 J Close Map&Parcel Ownerl Owner2 Addressl Address 2 Mailing Country Deed C11tyState2lp 317019 ANGELI,MICHEtLE K PO BOX 219 02630BARNS ABLE,MA 26717/ 02630 4 , 317020 FLEMING,PETER TR BARBARA A FLEMING 417 COMMERCE ROAD BARNSTABLE,MA 25343/ IRREV INC ONLY TRUST 02630 239 TORENO,VINCENT) 3660 MAIN STREET BARNSTABLE,MA 317021001 ET AL TRS TRUST 3660 MAIN ST 02630 C373986 317021002 BOOTH,PAUL& 4339 FALMOUTH COTUIT,MA 02635 C214691 MICHELE ROAD 317021003 MARCHANT,DENNIS& C G H REALTY TRUST P O BOX 442 BARNSTABLE,MA C155567 VICKI R TRS 02630 317022 HANDY,EDWARD O HI C/O HANDY,EDWARD 3 PO BOX 403 BARNSTABLE,MA 30544/ &SETH H TRS JR 02630 255 317024 SALEH,ROHAM T& 3688 MIAN STREET BARNSTABLE,MA 30512/ DIANE 02630 29 317025 DOLL,DAVID C& DJC REALTY TRUST 3704 MAIN ST BARNSTABLE,MA 14949/ JULIA B TR5 02630 162 2630 317033 FVLGINITI,LETA L PO BOX 196 0 ABLE,MA 8216J 02630 27 317034 BLUME,ANDREW C& 40 E 88TH ST NEW YORK,NY C146372 NANCY C 10128 317035 BARNSTABLE,COUNTY OFF ROUTE 6A BARNSTABLE,MA 6417/ OF 02630 225 317038 BARNSTABLE,COUNTY COUNTY FARM•DAIRY P 0 BOX 397 BARNSTABLE,MA 6417/ OF BARN 02630 225 317039 BAGSHAW,ROBERT 86 WEST 2118 ELD 5T APT I 0OSTON,MA C203053 317039001 JOHNSON,CARL PO BOX 306 CUMMAQUID,MA C180115 02637 317040 JOHNSON,CARL H JR P O BOX 306 CUMMAQUID,MA C108400 &JUDITH E 02637 317041 STOESSER,RALPH L WINWOOD FIDUCIARY 410 COTTAGE CT MARCO ISLAND, C184181 TR TRUST I] FL 3414S 317042 SHUCK,WENDY B %FARRELL,DENNIS J& 23 COBBLESTONE PLYMOUTH,MA 27932/ MARILYN E LANE 02360 1 DOE,WILLIAM& YESTERYEAR NOMINEE BARNSTABLE,MA 29796/ 317043 ROBERT&GRIFFIN, TRUST 3611 RTE 6A 02630 334 DEB TRS 318008 HILr'ERTY,BARBARA J P 0 BOX 87 CUMMAQUID,MA 7071/ 02637 116 BARNSTABLE LAND WEST 31739/ 318026 TRUSTINC 1540 MAIN STREET BARNSTABLE,MA 229 02668 NANNI,ANTHONY P& BARKHAMSTED, 318052 SARAH B 15 BSULLACK ROAD CT 06D63 C196538 This list by itsoll dais NOT comlitule a certified list of abutters and is provided only as an aid to the determination of abutters.If a certified list of abutters is required,contact the Assessinq Division to have this list mrfilitd The owner and address ditti on this list is from the Town of Barnstable Assessor's database as of 't111912tt19. , maps.townotbamstable.uslarcimsfappgocapplAbunerRepataspx?type=ZBA 1t1 v Property Location:3625 MAN STJRTE 6A(BAPN.) MAP ID:317/042//+ Vision ID:26407 _Account# 'ARRELL,D fi��MARILYN E 4 eve] 'ablic Water 1 aved ENNIS J&MARILYN E FARRELL A COBBLESTONE LANE :as 'eptic I.Y I,MA 02360 SUPPLEMENTAL DATA I dditional tional Owners: Plan Ref. 622/3: plit Zoning Land CIN ID Parcel #SR es 1 pt Qual Life Estate Notes: DL2 ISID: 26407 ASSOC PIDN RECORD OF OWNERSHIP B K-YOLPAGE SAL DATE v/I ARRELL,DENNIS J&ALIRILYN E TR.S 323511Iso 10/03/2019 U 1 FARRELL,DENYIS J&MARILYN E 32344/264 10101 0l4 Q I "liUCK,WENDYB 27932/ 1 01/13/2014 Q 1 .ARAINEE,WILLIAMT&SUSANL 22538/206 IV14/2007 Q I I IOPKINS,GARRY J&NANCY T 22538/204 12/14/2007 U I '1OPKINS,GARRY J&NANCY T 19534/347 02/15/2o0S i; 1 1 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register a o moo-TKE tqy, Town of Barnstable *Permit# ,4 0 Expires 6,months from issue date Regulatory Services Fee i s BARNSTABM • - 9� MASS. $ Thomas F.Geiler,Director e3ty� ° PERMIT Building Division MAY . 6 2blo Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 -FO NOF www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number,2 C �� 1 s) Property Address a. .S, Residential Value of Work Minimum fee of$25.00 for k under$6000.00 a Owner's Name&Address 14- At9w,4(i Contractor's Name'°- Q Telephone Number Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) 115 C� ❑Workman's Compensation Insurance e ck one: I am a sole proprietor I am the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy#_INL/J Copy of Insurance Compliance Cer ificate must accompany each permit. Permit Request(check.box) ❑, Re-roof(stripping old shingles) All construction debris will be taken to El Re-roof(not stripping. Going over existing layers of roof) ![�Re-side #of doors Replacement Windows/doors/sliders.U-Value (maximum .44)#of windows *Where required' Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License& Construction Supervisors.License is required. SIGNATURE: (�Ik C4__ QAWPFILES\FORMS\building permit forms\EXPRESS.doc Revised 090809 The Cornrnonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 >vww.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le ibl Name (Business/Organization/Individual): x �� Address: 04 City/State/Zip: ��. Phone#: Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. 0 I am a general contractor and 1 6 ❑New constriction employees(full and/or part-time).* have hued the sub-contractors 2�aI m a sole proprietor or partner- listed on the attached sheet. 7. JA—Remodeling ship and have no employees These sub-contractors have g. ❑ Demolition working for me in any capacity. employees and have workers' 9 ❑ Building addition [No workers' comp. insurance comp.insurance.# required.] 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions Roof.re right of exemption per MOL 12. airs... elf ........ . .. _. -mys ,..[No Workers.-comp.... .. _. .-._. -.._. ,._.__,_..., _ ...... ❑ p insurance required.]t c. 152, §1(4), and we have no 13.❑-Other employees. [No workers' comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employers. if the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing rvorkers'compensation insurance for my employees. Belofv is the policy andjob site information. - _ Insurance Company Name: Policy#or Self-ins. Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MOL c. 152 can lead to the imposition of criminal penalties of a fine tip to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do here cer ' under thepains andpenalties ofp try that the information provided above is true and correct Date: �6 Si nahtre' Phone# 5-n� (, Official use only. Do not>vrite in this area, to be completed by city or town official. City or Town: Permit/License# Issuing Authority,(circle one): 1. Board of health 2. Building Department 3, City/Town Clerk 4.Electrical Inspector 5. Plumbing Inspector 6. Other Information and. Instructions Massachusetts General Laws chapter 152 requires all'employers to provide workers' compensation for.their employees. Pursuant to this statute,an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as"an individual,partners ip, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise,an including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, sociation or other legal entity, employing employees. However the owner of a dwelling house having not more tha three apartments and who resides therein, or the occupant of the dwelling house of another who employs perso s to do maintenance, construction or repair.work on such dwelling house or on the grounds or building'appurtenant the to shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that`every state or local licensing agency shall withhold the issuance or renewal Ka�license or permit to operate a business or to construct buildings in the commonwealth for any applicant r�t10 has not produced accept le evidence of compliance with the insurance coverage required." Additionally,�NI�GL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any con-act for the peiforma e of public work until acceptable evidence of compliance with the insurance requirements of this cr apter have been resented to the contracting authority." Applicants Please fill out the workers' co, pens ion affidavit completely,by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) e(s), address(es)and phone number(s) along with their certificate(s) of . insurance. Limited Liability Comp 'es (LLC) or Limited Liability Partnerships (LLP)with no employees other than the members or parh�ers,are not regiiir to carry workers compensation insurance. If an LLC of LY P does have employees, a policy is required. B ad i ed that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of ins ance c erage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town th the appli tion for the permit or license is being requested,not the Department of Industrial Accidents. Should yot have any que ions regarding the law or if you are required to obtain a workers' compensation policy,please call he Department a the number listed below. Self-insured companies should enter their self-insurance license number o the appropriate line. City or Town Officials Please be sure that the affidavi is complete and printed legibly. e Department has provided a space at the bottom of the affidavit for you to fill ut in the event the Office of Investi ions has to contact you regarding the applicant. Please be sure to�fill in the pe it/license number which will be used a reference number. In addition, an applicant that must submit multiple pe it/license applications in any given year,n ed only submit one affidavit indicating current policy information(if necess ry)and under"Job Site Address"the applican hould write "all locations in (city or town)."A copy of the affida it that has been officially stamped or marked by city or town may provided to the applicant as proof that a val' affidavit is on file for future permits or licenses. A ew affidavit must be filled out each year.Where a home owner r citizen is obtaining a license or permit not related to a business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to corn le this affidavit. The Office of Investigatio s would like to thank you in advance for your cooperation and sh ]d you have any questions, please do not hesitate to gi a us a call. The Department's address,telephone and fax number:The Commonwealth.of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Fax# 617-727-7749 Revised 4-24-07 www.mass.gov/dia b FYHE Tp� Town of Barnstable Regulatory Services BA.R.NSPABLF- ' Thomas F. Geiler,Director .639. `�� 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 Must Complete and Sign This Section If Using ABuilder as Owner of the subject property hereby authorize to act on mybehalf, in all matters relative to work authorized by this building permit application for: (Address of Job) Signature of Owner Date Yet C( C, Print Name i if Propetty Owner is applying for permit please complete the Homeowners`License Exemption Form on thereverse side. Q:FORMS:OWNERPERMISSION oF-crte r Town of Barnstable o Regulatory Services " Thomas F. Geiler,Director saw,tsrast.e, 039. ��� Building Division lfDy Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 wtrw.town.barnstable.ma.usI' , 1� Office: 508-862-4038 Fax:. 508-790-6230 HOMEOWNER LICENSE EXEMPITION Please Print / r DATE: � a JOB LOCATION: number street .village "HOMEOWNER": / name home phone###fg work phone# CURRENT MAILING ADDRESS: t city/town i state zip code I The current exemption for"ho owners"was e ended to in elude owner-occupied dwellings of six units or less and to allow homeowners to engag an individual for ' e who d�s not possess a license,provided that the owner acts as Supervisor. / DEFINITI OF HOMEOWNER Person(s)who owns a parcel f land on which he/she r ides or intends to reside,on which there is,or is intended to be,a one or two-family dw g, attached or detached s ctures accessory to such use and/or farm structures. A person who constructs mor than one home in a two-year ;- riod shall not be considered a home owner. Such " he Building Official on a fo acceptable to the Building Official,that he/she shall be "momeowner shall submi to g responsible e for all such w rk erformed under the build in e it. (Section 109.1.1) 6 The undersigned"home caner"assumes responsibility for compl. ce with the State Building Code and other r applicable codes,byla s,rules and regulations. t F The undersigned"ho eowner"certifies that he/she understands the To of Barnstable Building Department minimum inspection rocedures an ,equirements acid that he/she will comply with said procedures and re it ents. < r R Signature of Homeowner ' a Approval of Building Off cial 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 stat z that: "Any homeowner performing Work for which a building permit is required shall be tie)tempt from the provisions of this section(Section 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 super-visor. Many homeowners who use this exernptign 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 resuhs in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would`'vy'th 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:\WPF1LES\FORMS\homcexempL.DOC ✓f ecc%fl o�✓�aa�ae%uaelYa ,per ca o�svmonw \ Board of Building Regulations and Standards i HOME IMPROVEMENT CONTRACTOR Registration:, 141810 Ezp�ratwn;: 2%12/2010 Tr# 263452 Type: In¢lvidual WAYNE D.BASSETT k WAYNE BASSE'ff 24 SECOND WAY BARNSTABLE,MA 02630 Administrator Massachusetts- Department of Puhlit Safetti a Board of Building Re-,uladons and St►ntlarth Con5tructicm Suoer>y isor License License: CS 86746 Restricted to: 00 WAYNE D BASSETT PO BOX 221 � , I BARNSTABLE, MA 02630 Expiration: 302011 Tr+.: 11805 License or registration valid for individul.use only before the expiration-date. If found return to: Board of Building Regulations andsStandards One Ashburton Place Rm 1301 Boston,Ma.02108 f No va out signature Restricted to: 00 00- Unrestricted 1G-1 2 Family Homes Failure to possess a current edition ofthe Massachusetts State Building is cause for revocation of this license. Refer to: www Mass.Gov/DPS OFTHE BAIUMAHIA Ebma6 Town of Barnstable THIS DOCUMENT HAS Zoning Board of Appeals NOT BEEN RECORDED Decision and Notice FILE COPY ONLY! Appeal No. 1998-61 -B-Donald J. Bain (Ashley Manor) Special Permit-Section 3-1.1(3)(F) -Bed 81 Breakfast Summary: Granted Applicant: Donald J. Bain (Ashley Manor) Property Address: 3660 Main Street, Barnstable Assessor's Map/Parcel: Map 317, Parcel 021.001 Area: 1.86 acres Building Area: 5,186 sq.ft. Zoning: RF-2 Residential F-2 Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of approximately 1.86 acres and is located on Main Street (Route 6A) in Barnstable Village. It is improved with a 4,350 sq. ft. two-story wood frame house, a 616 sq. ft. accessory structure of a cottage and a 220 sq. ft. shed. According to assessor's records, the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private septic system. The property is located in an RF-2 Residential F-2 Zoning District, which only allows single-family dwellings as principal permitted uses. The renting of rooms for not more than three (3) non-family members is allowed as an accessory use. Currently, the applicant is operating a six(6) room Bed & Breakfast for up to 12 lodgers known as"Ashley Manor"on this site. The applicant is proposing to add two(2)guest bedrooms and two (2) bathrooms by constructing a second story (1,254 sq. ft. in area) on the same footprint of the existing house. Zoning relief is being requested in a number of ways to legitimize the current use of the property and to permit an additional (2) guest rooms to be rented to a total of not more than 16 guests. Relief Requested: The applicant applied for several forms of relief to legalize the existing use of the property as a 6 bedroom Bed & Breakfast and to expand that use with an additional 2 guest rooms. The relief being requested as follows: Appeal No. 1998-61 -A: Special Permit Pursuant to Section 4-4.5(2)-Expansion of a Pre-existing Nonconforming Use Appeal No. 1998-61 -B: Special Permit Pursuant to Section 3-1.1(3)(F) -Bed & Breakfast Conditional Use Appeal No. 1998-62-A Use Variance to Section 3-1.1(1)(A)- Principal Permitted Uses Appeal No. 1998-62- B Variance to Section 3-1.1(3)(F), Subsections (b)-Maximum number of guest rooms and lodgers and (h) -Issued only to the owner and is not transferable. History of Site: . On February 1, 1985, the previous owner of the property, Woodville W. Guy, applied for a special permit(Appeal No 1985-47)to allow the renting of rooms for up to twelve(12) lodgers. The 1985 Zoning By-law allowed as-of- right single-family dwellings and the renting of rooms for not more than 6 lodgers by a family resident in the dwelling. That appeal was denied. The Board found that the premises had always been a one-family residence, Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-61 -B-Donald J.Bain(Ashley Manor) Special Permit-Section 3-1.1(3)(F)-Bed&Breakfast was not nonconforming, and had never been a commercial use. They found that no evidence was presented at the hearing to warrant the requested relief. The current owner, Donald J. Bain, has owned the property since 1986. He reports that he has operated a six (6)guest room Bed & Breakfast since 1986, and has submitted copies of a Lodging House License for each year from December 1985 to December 1997. The applicant has also submitted copies of a Permit to Operate a Food Establishment for each year from 1988 to 1998. However, no special permit or variance was ever approved by the Zoning Board of Appeals to allow this use. In November of 1987, the number of lodgers permitted as an accessory use to single-family dwellings was reduced from six(6)to three(3) in RF-2 Districts (ATM 11/7/87, Art. 12). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 18, 1998. A 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 29, 1998, and continued to June 3, 1998, August 12, 1998, and November 4, 1998 at which time the Board granted a Bed and Breakfast special permit. Hearing Summary: Board Members hearing and deciding this appeal were Ron Jansson, Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn.. Attorney Peter Freeman represented the applicant, Donald Bain, who was also present. At the opening of the public hearing of April 29, 1998, Attorney Freeman reported to the Board that some abutters have written in opposition and Mr. Bain would like a continuance to allow him time to talk with the neighbors about their concerns. The Board agreed to continue these appeals to June 03, 1998. At the June 3, 1998 continuance a letter from Attorney Freeman, dated June 02, 1998 was read. That letter, requested a continuance of the Bain appeals. Attorney Freeman reported the applicant is still in the process of obtaining Old King's Highway Historic District Committee's approval. He went before them on May 27, 1998 and his application was continued until June 10, 1998. The Board continued the appeals to August 12, 1998. At the August 12, 1998 continuance, a letter from Attorney Freeman, dated July 28, 1998, requesting a continuance was submitted to the Board. Mr. Freeman was present and addressed the Board. He reported the applicant is still in the process of trying to get approval from the Old King's Highway Historic District Committee and would like a continuance. The Board granted a continuance to November 04, 1998. At the November 04, 1998 continuance, the Board first heard the Special Permit issues; Appeal No. 1998-61 -A, Special Permit Section 4-4.5(2) -Expansion of a Pre-existing Nonconforming Use, and Appeal No. 1998-61 - B, Special Permit Section 3-1.1(3)(F) - Bed & Breakfast Conditional Use Attorney Freeman reported the subject property, known as Ashley Manor, was purchased by Mr. Bain in 1986. Since 1986, Ashley Manor has been duly licensed as a Lodging House for up to six guests. The applicant is seeking to legalize the existing use of the property as a six bedroom/twelve guest Bed & Breakfast. He is also seeking to use an additional two rooms as guest bedrooms for a total of eight guest bedrooms and sixteen guests. Attorney Freeman reported that Ashley Manor had been licensed by the Board of Selectman since 1986 with no limitations on the number of lodgers identified within those licenses. In 1986, zoning allowed up to six lodgers as a matter-of-right. Since that time, Mr. Bain has continually operated the house with at least six lodgers. The house has six guest bedrooms and two bedrooms for the owner. The site has a new Title V Septic System as reported by Down Cape Engineering. In a letter dated April 23, 1998 to Donald Bain, Arne J. Ojala writes"I have determined the design flow capacity of the Title 5 system serving the main house ... is adequate to serve in excess of the proposed 10 bedroom total. The flow capacity of the Title 5 system serving the cottage is .... adequate to service in excess of the single bedroom therein.". 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-61 -B-Donald J.Bain(Ashley Manor) Special Permit-Section 3-1.1(3)(F)-Bed&Breakfast Attorney Freeman reviewed the site and the proposed floor plan of the new addition. Citing that original proposal was approved by Site Plan Review Committee on February 19, 1998. It was for two guest rooms to be added to the second floor within the existing footprint of the building. That proposal was denied by the Town of Barnstable Old King's Highway Historic District Committee(OKH). The applicant changed the proposal to now include the construction of a 840 sq. ft., two-story addition to the rear of the inn. This new proposal was approved by OKH on October 14, 1998, and the modified site plan was found approvable by the Site Plan Review Committee on October 22, 1998. The Board, the Applicant, and Attorney Freeman discussed the difference(s) between an Inn and a Bed and Breakfast. Some felt an Inn is more commercial in nature and that a Bed and Breakfast use of a residential dwelling was an accessory use to the principal permitted single family dwelling use. It was also noted that a Bed and Breakfast serves breakfast only and is owner-occupied. Mr. Bain indicated Ashley Manor Inn is a misnomer because in his opinion this is not an "inn" in any commercial sense but rather"his home"where people come and visit and sleep and he also serves them breakfast. His home does not create the appearance of a commercial use but looks more like an estate type home. Mr. Bain reminded the Board that he has been operating this dwelling as the Ashley Manor(without complaints from neighbors) since 1986. The Board and Attorney Freeman discussed the requested relief. The applicant is seeking a Special Permit for three bedrooms under the Bed and Breakfast section of the Zoning Ordinance and then a Variance to allow an increase in the number of permitted bedrooms from three to six(or preferable eight) bedrooms. Or if the Board is satisfied the applicant has a pre-existing nonconforming use for six lodgers, then the applicant is seeking to expand that use to allow up to twelve (or preferable sixteen) lodgers. Or a Use Variance to the principle permitted use by allowing a sixteen (or eighteen) person Bed and Breakfast. Currently, the applicant has no relief under zoning for the main house or cottage. The Board and Attorney Freeman discussed the requested relief. Attorney Freeman noted the applicant is seeking a Special Permit for three bedrooms under the Bed and Breakfast section of the Zoning Ordinance and then a Variance (in Appeal No. 1998-62)to allow an increase in the number of permitted bedrooms from three to six(or preferable eight) bedrooms.. Currently, the applicant has no relief under zoning for the main house or cottage. The Board noted for the record, that on site there currently is a main house with five guest bedrooms and two owner bedrooms, and a cottage with one bedroom for a total of eight bedrooms on site. There are no permits to show when the cottage was legally permitted to be used as a rental unit. There are no kitchen facilities in the cottage. They are currently using six bedrooms for lodging -five in the main house and one in the cottage. Public Comments: Edward Handy, an abutter, spoke in opposition citing that he does not think there is a legal pre-existing nonconforming use and that it can not be expanded. He feels to change from six people to sixteen lodgers is a detriment to the area and an over intensification to the neighborhood. Vicki Marchant, an abutter spoke in favor, citing that this Bed and Breakfast is kept up nicely and quite beautiful and she does not consider this a detriment in any way. No one else spoke in favor or in opposition to this appeal. Previously submitted to the file are letters of support from Mrs. Martin, Ralph Gillis, Anthony Stanford and Lynne Poyant, Hyannis Area Chamber of Commerce, letters in opposition was Edward Handy, and Ralph and Tylee Stoesser, and a petition in opposition signed by six people. Concerning the letter from Clyde and Eleanor Claus, Attorney Freeman claimed that Mr. Claus told him he is no longer in opposition because at the time he wrote that letter he did not understand the applicant's proposal. 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-61 -B-Donald J. Bain(Ashley Manor) Special Permit-Section 3-1.1(3)(F)-Bed&Breakfast Findings of Fact: At the Hearing of November 04, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-61 B in reference to the Special Permit pursuant to Section 3-1.1(3)(F)- Bed & Breakfast 1. The applicant is Donald J. Bain d/b/a Ashley Manor. The property address is 3660 Main Street, Barnstable, MA as shown on Assessor's Map 317, Parcel 021.001. The property in issue is located in the RF-2- Residential F-2 Zoning District, and consists of approximately 1.86 acres. It is occupied by at least two structures; a larger older historic home and a cottage totaling 5,186 square feet. The property is located in an AP-Aquifer Protection Overlay District 2. The property has historically been used for the renting of rooms to lodgers. 3. The property has received a Certificate of Appropriateness from the Town of Barnstable Old King's Highway Historic District Committee. 4. The site plan for the property was found approvable by the Site Plan Review Committee. 5. The septic system on site complies with the provisions of Title V as reported by Down Cape Engineering as reported in a letter dated April 23, 1998. 6. Under the Town of Barnstable Zoning Ordinance a Bed and Breakfast for three (3) bedrooms and up to six (6) lodgers is allowed with a Special Permit pursuant to Section 3-1.1(3)(F). 7. Allowing the Petitioner to operate a Bed and Breakfast, on this site consisting of 1.86 acres, for up to six lodgers in up to three bedrooms (in addition to the owner's living quarters)would not be in derogation of the spirit or the intent of the Zoning Ordinance nor would it be a substantial detriment to the public good or the neighborhood affected. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None Decision: Based on the findings of fact in Appeal Number 1998-61, a motion was duly made and seconded to grant the Petitioner the relief requested pursuant to Section 3-1.1(3)(F)for a Bed and Breakfast for up to six(6) bedrooms and for not more than three(3) lodgers within an existing owner-occupied single family residential dwelling, with the following terms and conditions: 1. With the exception of the additional bedrooms sought in this application, the property shall be developed as a three (3) bedrooms Bed and Breakfast for not more than six(6) lodgers and shall comply with all other aspects in accordance with the submitted Site Plan of Ashley Manor prepared by"Down Cape Engineering, inc." dated 2/12/98 and revised 9/22/98. 2. The use of the property is limited to a single family dwelling containing within a three (3) bedroom Bed and Breakfast facility for not more than six (6) lodgers. 3. The owner shall be responsible for the operation of the property and shall be a permanent resident when the Bed & Breakfast is in operation. 4. The owner of the property shall file an affidavit letter with the Building Commissioner on an annual basis in the month of January stating that the property is his/her principal residence and that he/she is in residence at all times that the Bed and Breakfast is being operated with not more than three bedrooms being rented at a time and not being occupied by more than six(6) lodgers (not including the owner). 5. Breakfast may be served to guests only but in no instances shall cooking facilities, including but not limited to stoves, microwave ovens, toaster ovens, and hot plates be available to guests. 6. The property shall be maintained so that the appearance of the building and grounds remain that of a single- family residence. 7. The total number of bedrooms allowed on the property for use in the Bed and Breakfast shall not be increased or expanded without further relief from the Zoning Board of Appeals. The renting out of rooms to more than six(6) lodgers or the renting out of more than three(3) bedrooms shall be grounds for a"show cause hearing" by the Zoning Board of Appeals with the possibility of revocation of the Special Permit. 8. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent properties. 4 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-61 -B-Donald J. Bain(Ashley Manor) Special Permit-Section 3-1.1(3)(F)-Bed&Breakfast 9. Signage shall not be interior illuminated and shall not exceed four square feet in area. Signage must receive Old King's Highway Historic District Committee approval. 10. The locus shall comply with all Town of Barnstable Building and Health Divisions Regulations, Licensing, and Fire Department Requirements. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None Order: Special Permit Number 1998-61,for a Bed and Breakfast pursuant to Section 3-1.1(3)(F)for up to six(6) lodgers in not more than three(3) bedrooms within an existing owner-occupied single family residential dwelling, 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 pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. /Y Olt/ "7, 1998 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day r1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 5 PAR: R317 021.001 PAR: R317 021.002 PAR: A317 020. KEY: 232652 TAX CODE:ICO KEY: 232661 TAX CODE:100 KEY: 232643 TAX CODE:100 GAIN. DONALD J CAMELIO. ERNEST S TRS & MUAS04p 2UENTIN R & LAILA B 3560 MAIN ST CAMELIO• ESTHER E TRS 417 COMMERCE RD BARNSTABLE MA 02630-0000 BOX 951 BARNSTABLE AA 02630-0000 BARNSTABLE MA 02630-0000 PAR: R317 019. PAR: R317 043. PAR: R317 042. KEY: 232634 TAX CODE:ICO KEY: 232894 TAX CODE:100 KEY: 232885 TAX CODE:100 JONES. WARREN F8 LUCILLE PEAK. MARY G MJORE• THOMAS J PO BOX 76 C/O WILLIAM H DOE 3*25 MAIN ST BARNSTABLE MA 02630-0000 P 0 BOX 445 3ARNSTA3LE AA 02630-0000 CUMMAQUID MA 02637-0000 PAR: R317 041. PAR: R317 039. PAR: R317 040. KEY: 232876 TAX CODE:100 KEY: 232358 TAX CODE:100 KEY: 232867 TAX CODE:100 STOESSER. TYLEE MARTIN. MARGARET JOHNSON. CARL H JR i 3641 MAIN ST P 0 BOX 1133 3667 MAIN ST JOHNSON, JUDITH E BARNSTABLE MA 02630-0000 BARNSTABLE MA 02630-0000 P 0 BOX 306 CUMMAVUID MA 02637-0000 PAR: R317 035. PAR: R317 034. PAR: R317 033. KEY: 232812 TAX CODE:100 KEY: 232803 TAX CODE:100 KEY: 232796 TAX CODE:100 BARNSTABLEi COUNTY OF LAMB. ALBERT R FULiiINITI, LE'TA L OFF ROUTE .6A LAMB, NANCY STUTSMAN 37US MAIN ST BARNSTABLE MA 02630-0000 MAIN ST BARNSTABLE AA 02630-0000 BARNSTABLE MA 02630-0000 PAR: R317 025. PAR: R317 024. PAR: R317 023. . KEY: 232714 TAX CODE:100 KEY: 232705 TAX CODE:100 KcY: 232698 TAX CODE:100 DOLLP DAVID C GILLIES. RALPH. I SILLIES. RALPH I - BOX 371 %CLAUS. CLYDE R & ELEANOR G XCLAU3. CLYDE R & ELEANOR G' CUMMAOUID MA 02637-0000 9615 OAK CIRCLE 9615 OAK CIRCLE OMAHA NE 68125-0000 OMAHA AE 68125-0300 PAR: R317 022. PAR: R317 021.003 PAR: R318 026. KEY: 232689 TAX CODE:100 KEY: 232670 TAX CODE:100 KEY: 233562 TAX CODE:100 HANDY. EDWARD 0 11I TR & MARCHANT. DENNIS & VICKI R JARNSTABLE CONSV FOUND INC HANDY. SETH H TR P 0 BOX 442 P U BOX 224 12 TALBOT MANOR BARNSTABLE MA 02630-0000 COTUIT MA 02635-0000 CRANSTON RI 02905-0000 PAR: R318 052. PAR: R318 008. KEY: 233802 TAX CODE:100 KEY: 233367 TAX CODE:100 SPOHR. CAROL HILFERTY, BARBARA J 400 COMMERCE RD PO BOX 451 BARNSTABLE MA 02630-0000 CUMMAGUID MA 02637-0000 k" Proof of Publication .i j CITICFS Town of Barnstable Zoning Board of Appeals Notice of Public Hearing Under The Zoning Ordinance for April 29. 1998 To all persons interested in,or affected by the Board of Appeals under Sec.11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that: 7:45 P.M. Nickerson Appeal Number 1998-57 Cynthia D.Nickerson has applied to the Zoning Board of Appeals fora Variance from Section 3-1.1(3)0)(g)to permit a family apartment which is not to be occupied by a member of the property owner's family.The property is shown on Assessor's Map 228,Parcel 188 and is commonly addressed as 293 River View Lane, Centerville. MA in an RC Residential C Zoning District. 8:00 P.M. Cummiskey Appeal Number 1998-58 John F.and Carol A.Cummiskey d/b a Captains Choice have petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 3-1.1(3)0 Bed and Breakfast to allow the renting of three(3)rooms to not more than six(6)guests.The property is shown on Assessor's Map 288,Parcel 174 and is commonly addressed as 212 Greenwood Avenue. Hyannis.MA in an RB Residential B Zoning District. 8:IS P.M. Drake Petroleum Co. Appeal Number 1998-59 Drake Petroleum Co.has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 3-3.6(3)Conditional Uses in the FIB Highway Business District.The applicant seeks to construct a new 4'x 6'drive-up window for sale of coffee and donuts in conjunction with previously permitted retail convenience store and service station.The property is shown on Assessor's Map 269,Parcel 159 and is commonly addressed as 326 West Main Street,Hyannis.MA in an HB Highway Business District. 8:30 P.M. Wuthrich Appeal Number 1998-60 Marianne Wuthrich has applied to the Zoning Board ofAppeals fora Use Variance to Section 3-1.1 Principal Permitted Uses in the RD-1 Residential D-1 Zoning District and Section 3- 1.5 Principal Permitted Uses in the RC-2 Residential C-2 Zoning District to permit continued operation of a seven(7)bedroom.Bed and Breakfast Lodging house in a residential district. The property is shown on Assessor's Map 208.Parcel 085-004 and is commonly addressed as 481 Main Street.Centerville.MA in the RD-1 Residential D-1 Zoning District and the RC- 2 Residential C-2 Zoning District. 8:45 P.M. Bain Appeal Number 1998-61 Donald J.Bain has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 4-4.5(2)Expansion of a pre-existing Nonconforming Use to allow the renting of eight (8) rooms to not more than sixteen (16) guests or Section 3-1.1(3)(F) Bed and Breakfast to allow the renting of three(3)rooms to not more than six(6)guests.The property is shown on Assessor's Map 317.Parcel 021.001 and is commonly addressed as 3660 Main Street.Barnstable.MA in an RF-2 Residential F-2 Zoning District. 8:50 P.M. Bain - Appeal Number 1998-62 Donald J.Bain has applied to the Zoning Board of Appeals for a Variance to Sections 3- 1.1(3)(F)Bed and Breakfast Subsection(b)to permit the renting of rooms to not more than sixteen(16)guests in eight(8)rooms.Subsection(h)to permit the transfer of the Special. Permit:and a Use Variance to 3-1.1(1)(A)Principal Permitted Uses.The property is shown on Assessors Map 317.Parcel 021.001 and is commonly addressed as 3660 Main Street. 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 29. 1998. All plans and applications may be reviewed at the Zoning Board of Appeals Office.Town of Barnstable. Planning Department,230 South Street,Hyannis,MA. Emmett Glynn,Chairman Zoning Board of Appeals The Barnstable Patriot April 9 and April 16. 1998 THIS DOCUMENT HAS 4 NOT BEEN RECORDED FILE COPY ONLY! � BAAN9fAB1E, � z6196 p _ FD MfK� Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1998-62-B-Donald J. Bain (Ashley Manor) Variance to Section 3-1.1(3)(F), Subsections(b)and (h) Summary: Granted to Subsection b with Conditions Applicant: Donald J. Bain(Ashley Manor) Property Address: 3660 Main Street, Barnstable Assessor's Map/Parcel: Map 317, Parcel 021.001 Area: 1.86 acres Building Area: 5,186 sq.ft. Zoning: RF-2 Residential F-2 Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of approximately 1.86 acres and is located on Main Street (Route 6A) in Barnstable Village. It is improved with a 4,350 sq. ft. two-story wood frame house, a 616 sq. ft. accessory structure of a cottage and a 220 sq. ft. shed. According to assessor's records, the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private septic system. The property is located in an RF-2 Residential F-2 Zoning District, which only allows single-family dwellings as principal permitted uses. The renting of rooms for not more than three (3) non-family members is allowed as an accessory use. Currently, the applicant is operating a six(6) room Bed & Breakfast for up to 12 lodgers known as"Ashley Manor" on this site. The applicant is proposing to add two (2) guest bedrooms and two (2) bathrooms by constructing a second story (1,254 sq. ft. in area) on the same footprint of the existing house. Zoning relief is being requested in a number of ways to legitimize the current use of the property and to permit an additional (2) guest rooms to be rented to a total of not more than 16 guests. Relief Requested: The applicant applied for several forms of relief to legalize the existing use of the property as a 6 bedroom Bed & Breakfast and to expand that use with an additional 2 guest rooms. The relief being requested as follows: Appeal No. 1998-61 -A: Special Permit Pursuant to Section 4-4.5(2)- Expansion of a Pre-existing Nonconforming Use Appeal No. 1998-61 - B: Special Permit Pursuant to Section 3-1.1(3)(F) - Bed & Breakfast Conditional Use Appeal No. 1998-62-A Use Variance to Section 3-1.1(1)(A) - Principal Permitted Uses Appeal.No. 1998-62 -B Variance to Section 3-1.1(3)(F), Subsections (b) - Maximum number of guest rooms and lodgers and (h)-Issued only to the owner and is not transferable. History of Site: On February 1, 1985, the previous owner of the property, Woodville W. Guy, applied for a special permit(Appeal No 1985-47)to allow the renting of rooms for up to twelve (12) lodgers. The 1985 Zoning By-law allowed as-of- l Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) right single-family dwellings and the renting of rooms for not more than 6 lodgers by a family resident in the dwelling. That appeal was denied. The Board found that the premises had always been a one-family residence, was not nonconforming, and had never been a commercial use. They found that no evidence was presented at the hearing to warrant the requested relief. The current owner, Donald J. Bain, has owned the property since 1986. He reports that he has operated a six (6) guest room Bed & Breakfast since 1986, and has submitted copies of a Lodging House License for each year from December 1985 to December 1997. The applicant has also submitted copies of a Permit to Operate a Food Establishment for each year from 1988 to 1998. However, no special permit or variance was ever approved by the Zoning Board of Appeals to allow this use. In November of 1987, the number of lodgers permitted as an accessory use to single-family dwellings was reduced from six(6)to three (3) in RF-2 Districts (ATM 11/7/87, Art. 12). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 18, 1998. A 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 29, 1998, and continued to June 3, 1998, August 12, 1998, and November 4, 1998 at which time the Board granted a Variance with conditions to Section 3-1.1(3)(F), Subsections (b) only- Maximum number of guest rooms and lodgers. Hearing Summary: Board Members hearing and deciding this appeal were Ron Jansson, Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn.. Attorney Peter Freeman represented the applicant, Donald Bain, who was also present. At the opening of the public hearing of April 29, 1998 Attorney Freeman reported to the Board that some abutters have written in opposition and Mr. Bain would like a continuance to allow him time to talk with the neighbors about their concerns. The Board agreed to continue these appeals to June 03, 1998. At the June 3, 1998 continuance a letter from Attorney Freeman, dated June 02, 1998 was read. That letter, requested a continuance of the Bain appeals. Attorney Freeman reported the applicant is still in the process of obtaining Old King's Highway Historic District Committee's approval. He went before them on May 27, 1998 and his application was continued until June 10, 1998. The Board continued the appeals to August 12, 1998. At the August 12, 1998 continuance, a letter from Attorney Freeman, dated July 28, 1998, requesting a continuance was submitted to the Board. Mr. Freeman was present and addressed the Board. He reported the applicant is still in the process of trying to get approval from the Old King's Highway Historic District Committee and would like a continuance. The Board granted a continuance to November 04, 1998. At the November 04, 1998 continuance, the Board after hearing the Special Permit issue of Appeal NO. 1998- 61, then addressed the Variance request of Appeal No. 1998-62 Attorney Freeman reported the applicant, Mr. Bain, would like to modify his request. He no longer seeks to add two (2) guest bedrooms, and as such, would reduce the request from eight(8) guest bedrooms to six (6)guest bedrooms. The proposal received Site Plan Review approval and was found to have adequate parking. There are no concerns with regard to the Septic System which complies with all Title V Regulations for at least six (6) guest bedrooms for up to twelve (12) lodgers As to Variance conditions, pursuant to MGL Chapter 40A Section 10, Attorney Freeman stated Ashley Manor, dating back to at least 1720, is one of the oldest houses in Barnstable and is on the National Register of Historic Places. The house is located right on Route 6A. The interior finish work is of high quality and worthy of preservation. The landscaping includes old trees, a classic garden, a gazebo and a fountain. The structure itself, and the grounds, are unique conditions effecting the land or structure by not effecting the zoning district. A Proforma was submitted to the file which shows a substantial financial hardship would be involved if the 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) applicant were limited to the renting of only three(3) guest bedrooms. The Proforma shows that at least six(6) bedrooms are needed to be profitable and a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner. Attorney Freeman stated the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. The Board asked Attorney Freeman about the applicant's variance request to subsection (h) of Section 3- 1.1(3)(F)which states the Special Permit is not transferable to subsequent owners. Attorney Freeman stated they would withdraw that request if the necessary because at this time Mr. Bain has not plans to sell the property. Mr. Bain addressed the Board and reiterated there would be a substantial financial hardship if he were limited to only three guest bedrooms. He stated the Bed and Breakfast would not be intrusive in this residential area. He feels there is no correlation between the number of bedrooms and the neighborhood because this is only a seasonal business and rooms are not always booked to capacity. His busiest month is August and the occupancy rate is about 80%. A Bed and Breakfast does not negatively affect the value of the neighborhood. Mr. Bain stated the cottage is very important to his Bed and Breakfast operation. If the operation were limited to only three bedrooms, he would use two bedrooms in the main house and use the cottage as the third bedroom because the cottage contributes an income of approximately $25,000 per year. The cottage is close to the property line of the abutter, however there is no structure near the cottage. For clarification, there are five guest bedrooms and two owner's bedrooms in the main house. The cottage is a large studio room (including a couch and bed)with one bathroom. It does not have a separate kitchen - no stove -just a small refrigerator. This makes a total of eight bedrooms on site-seven in the main house and one in the cottage. The cottage was used as a rental unit by the previous owner and Mr. Bain has always rented it since his purchase of the property. Public Comments: Edward Handy, an abutter, spoke in opposition citing that he not feel the applicant proved variance conditions and that to grant the relief would be a detriment to the neighborhood. Vicki Marchant, an abutter spoke earlier in favor of the appeal and had asked to go on record as favoring the grant of the appeal. Previously submitted to the file are letters of support from Mrs. Martin, Ralph Gillis, Anthony Stanford and Lynne Poyant, Hyannis Area Chamber of Commerce, letters in opposition was Edward Handy, and Ralph and Tylee Stoesser, and a petition in opposition signed by six people. Concerning the letter from Clyde and Eleanor Claus, Attorney Freeman claimed that Mr. Claus told him he is no longer in opposition because at the time he wrote that letter he did not understand the applicant's proposal. Attorney Freeman reminded the Board that Mr. Bain has continuously received a Lodging House License from the Town and a Permit to Operate a Food Establishment. The use of the property as a Bed and Breakfast is not legal under the Zoning Ordinance, however, Mr. Bain did not know that and it is for that reason he is before the Board tonight. During the entire time the Ashley Manor has been in operation, there has never been a complaint. There have been supporters. Attorney Freeman indicated the relief may be granted without substantial detriment to the public good or neighborhood affected as this is a large site over 11/2 acres (1.86 acres). Mr. Bain told the Board the Ashley Manor is his sole asset and only means of income. Findings of Fact: At the Hearing of November 04, 1998, the Board found the following findings of fact as related to Appeal No. 1998-62-B, with reference to the Variance to Section 3-1.1(3)(F) subsections (b) and (h): 1. The applicant is Donald J. Bain d/b/a Ashley Manor. The property address is 3660 Main Street, Barnstable, MA as shown on Assessor's Map 317, Parcel 021.001. The property in issue is located in the RF-2 Residential F-2 Zoning District and an AP-Aquifer Protection Overlay District and consists of approximately 1.86 acres. 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) 2. The site is occupied by at least two structures; a larger home and a cottage, totaling 5,186 square feet. The main building consists of seven bedrooms-five for guests in the Bed and Breakfast operation and two for the owner's use. The garage was built around 1935 and in the 1970s or 1980s was converted from a garage use to a seasonal cottage use for lodging. 3. The main house was built over 250 years ago and is listed in the National Register of Historic Places. This main house has several features related to it in that it is a rather large house on a fairly large lot having been built long before zoning as a house with many bedrooms. 4. The property has received a Certificate of Appropriateness from the Town of Barnstable Old King's Highway Historic District Committee. 5. The site plan for the property was found approvable by the Site Plan Review Committee. 6. The purpose and intent of the Zoning Ordinance with reference to a Bed and Breakfast, is to allow for 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. The intent is to also make sure the use will create low intensity accommodations for tourists and visitors. 7. Allowing the Petitioner to vary Subsection (b)of Section 3-1.1(3)(F) of the Zoning Ordinance would not be in derogation of the Zoning Ordinance. Under MGL Chapter 40A Section 10, there are conditions unique to this property, in particular the structure, given the large size of the structure and given the number of rooms that have existed and the fact that the subject itself is so large that it requires annual maintenance. The structure is unlike many structures in the area because it is a historic structure and it is so large. The structure is part of the overall topography of this particular area given the fact that the structure contains the number of bedrooms that it does contain. 8. The relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance since it is the intent of the Zoning Ordinance to preserve older houses. 9. The petitioner has indicated that the renting of six(6) rooms is absolutely necessary for purposes of maintaining the building and it would be in compliance with the spirit and intent of the Zoning Ordinance to provide for lodging in historic houses and allow for these historic house to be maintained. The petitioner has provided a Proforma (as part of his application)which definitely shows the cash flow-in and out-for six (6) guest rooms. Based upon six(6) guest rooms, the total projected income is$129,000 with total projected expenses of$106,000 for a proposed profit margin of$23,051. That is hardly sufficient sums of money to maintain what is currently on site. 10. It would be a significant hardship to the Petitioner if he were not able to maintain not more six (6) rooms for rent to not more than twelve (12) lodgers. 11. This would be a low intensity accommodation given the seasonal nature of the tourist business as well as the fact that this property consists of almost two (2) aces of land. This equates to almost two acres of land for fourteen (14) people which is not an intense use of the land. 12. To grant relief to subsection (h) of Section 3-1.1(3)(F)to allow for the transfer of the Special Permit would be in derogation of the spirit and intent of the Zoning Ordinance. To allow for the sale or transfer of a Bed and Breakfast Operation not knowing who will be running it, runs the risk of having an unsuitable situation and could result in an adverse affect on the residential neighborhood affected. The Vote was as follows: AYE: Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: Gail Nightingale Ms. Nightingale expressed concern that the Variance conditions as cited apply to main house and not the cottage. 4 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) Decision: Based upon the findings a motion was duly made and seconded to grant the Applicant the relief requested for the Variance to Section 3-1.1(3)(F) subsection (b)only, subject to the following terms and conditions: 1. Any such variance granted, to the portion of the Special Permit discussed and granted, should not be construed to be a variance that runs with the land and therefore is transferable. This Variance is conditioned upon the fact that it is not transferable. 2. In addition to the two(2) bedrooms in house used by the owners, not more than six(6)additional bedrooms can be utilized (for the Bed and Breakfast Operation) on the site-whichever way they can be utilized - without the necessity for additional construction. If, in fact, the applicant is able to provide for the additional bedroom in the main house, he may do so, but there shall not at any time be more than six (6) bedrooms used for lodging to not more than twelve(12) lodgers. 3. The owner shall be responsible for the operation of the property and shall be a resident of the property at all times when the Bed & Breakfast is in operation. 4. The owner of the property shall file an affidavit letter with the Building Commissioner on an annual basis in the month of January stating that the property is his principal residence and that he is in residence at all times that the Bed and Breakfast is being operated in not more than six room to not more than twelve (12) lodgers at any one time. 5. Breakfast only may be served to guests, but in no instances shall cooking facilities be allowed in any room being rented. Cooking facilities include, but are not limited to stoves, microwave ovens, toaster ovens, and hot plates. This includes the accessory cottage structure. 6. The property shall be maintained so that the appearance of the building and grounds remain that of a single- family residence. 7. The parking area shall be screened by mature plantings which shall be placed so as to secure the privacy of the adjoining lots. 8. The total number of bedrooms, nor the size of the bedrooms, in either the dwelling or the cottage shall not be increased or expanded. 9. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent properties. 10. No noise level beyond the level cited in the Town Ordinance shall be allowed to penetrate the area. 11. Signage shall not be interior illuminated and shall not exceed four sq. ft. in area. Signage must receive Old King's Highway Historic District Committee approval. 12. The locus shall comply with all Town of Barnstable Building and Health Divisions regulations and requirements, as well as any Licensing and Fire Department Requirements. 13. An alarm system shall be installed on the premises to the satisfaction of the Barnstable Fire Department and shall be wired directly to the fire dispatch center, or to any other dispatcher to be determined by the Barnstable Fire Department( as requested in the January 05 1998, letter from Barnstable Fire Department, Glenn B. Coffin, Captain). Discussion: There was a discussion among the Board Members about whether the cottage should be included in the bedroom count since it is not a historic structure and there are no variance conditions related to the cottage. It was noted the Bed and Breakfast Special Permit limits the operation to be located within an older, existing owner-occupied single family residential dwelling - not an accessory cottage. Additional/Modified Condition for Condition#2(above): 2. The renting of up to six(6) bedrooms for a Bed and Breakfast Use, is allowed in the main house only, without new construction. The cottage may not be used as part of the Bed and Breakfast Operation for rental to lodgers or used as a separate bedroom for lodging purposes. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None 5 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) Order: Variance Number 1998-62 -B,the request for a Bed and Breakfast,for up to twelve(12) lodgers in six(6) bedrooms in the main dwelling only, has been Granted with Conditions. Relief to subsection (h)was not granted. 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. Appe Is of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20) day after the dat f t (ling of this decision. A copy of which must be filed in the office of the Town Clerk. RN , 1998 Emmett Glynn, 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. 9-t Signed and sealed this day'of 211L8unde r the ains and penalties of perjury. Linda Hutchenrider, Town Clerk 6 PAR: R317 021.001 PAR: R317 021.002 PAR: R317 020. KEY: 232652 TAX CODE:ICO KEY: 232661 TAX CODE:100 KEY: 232643 TAB( CODE:100 GAIN. DONALD J CAMELIOo, ERNEST S TRS & MUdSON. QUENTIN R & LAILA B 3560 MAIN ST CAMELIO. ESTHER E TRS 417 COMMERCE RD BARNSTABLE MA 02630-0000 BOX 951 BARNSTABLE AA 02630-0000 BARNSTABLE MA 02630-0000 PAR: R317 019. PAR: R317 043. PAR: R317 042. KEY: 232634 TAX CODE:100 KEY: 232894 TAX CODE:100 KEY: 232885 TAX CODE:100 JONES. WARREN F8 LUCILLE PEAK. MARY G MUORE. THOMAS J PO BOX 76 C/O WILLIAM H DOE 3o25 RAIN ST BARNSTABLE MA 02630-0000 P 0 BOX 445 aARNSTA3LE MA 32630-0000 CUMMAQUID MA 02637-0000 PAR: R317 041. PAR: R317 039. PAR: R317 040. KEY: 232876 TAX CODE:100 KEY: 232858 TAX CODE:100 KEY: 232867 TAX CODE:100 STOESSER. TYLEE MARTIN• MARGARET JOHNSON. CARL H JR & 3641 MAIN ST P 0 BOX 1133 3667 MAIN ST JOHNSON. JUDITH E BARNSTABLE MA 02630-0000 BARNSTABLE MA 02630-0000 P 0 dOX 306 CUMMAQUID MA 02637-0000 PAR: R317 035. PAR: R317 034. PAR: R317 033. KEY: 232812 TAX CODE:100 KEY: 232803 TAX CODE:100 KEY: . 232796 TAB( CODE:100 BARNSTABLE. COUNTY OF LAMB. ALBERT R FUL.GINITI. LETA L OFF ROUTE .6A LAMB. NANCY STUTSMAN 37U5 MAIN ST BARNSTABLE MA 02630-0000 MAIN ST 3ARNSTABLE AA 02630-0000 BARNSTABLE MA 02630-0.000 PAR: R317 025. PAR: R317 024. PAR: R317 023. KEY: 232714 TAX CODE:100 KEY: 232705 TAX CODE:100 KEY: 232698 TAX CODE:100 DOLL. DAVID C GILLIES. RALPH. I SILLIES. RALPH I BOX 371 XCLAUS. CLYDE R & ELEANOR G XCLAUS. CLYDE R & ELEANOR G' CUMMAQUID MA 02637-0000 9615 OAK CIRCLE -615 OAK CIRCLE OMAHA NE 68125-0000 OMAHA dE 68125-0300 PAR: R317 022. PAR: R317 021.003 PAR: R318 026. KEY: 232689 TAX CODE:ICO KEY: 232670 TAX CODE:100 KEY: 233562 TAX CODE:100 HANDY. EDWARD 0 III TR & MARCHANT. DENNIS & VICKI R JARNSTABLE CONSV FOUND INC HANDY. SETH H TR P 0 BOX 442 P U BOX 224 12 TALBOT MANOR BARNSTABLE MA 02630-0000 COTUIT MA 02635-0300 CRANSTON RI 02905-0000 PAR: R318 052. PAR: R318 008. KEY: 233802 TAX CODE:100 KEY: 233367 TAX CODE:100 SPOHR. CAROL HILFERTY. BARBARA J 400 COMMERCE RD PO BOX 451 BARNSTABLE MA 02630-0000 CUMMAQUID MA 02637-0000 Proof of Pubk2 ion LEGAL NOTICES: Town of Barnstable Zoning Board of Appeals Notice of Public Hearing Under The Zoning Ordinance for April 29, 1998 To all persons interested in,or affected by the Board of Appeals under Sec.11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that: 7:45 P.M. Nickerson Appeal Number 1998-57 Cynthia D.Nickerson has applied to the Zoning Board of Appeals fora Variance from Section 3-1.1(3)(D)(g)to permit a family apartment which is not to be occupied by a member of the property owner's family.The property is shown on Assessor's Map 228.Parcel 188 and is commonly addressed as 293 River View Lane, Centerville. MA in an RC Residential C Zoning District. 8:00 P.M. Cummiskey Appeal Number 1998-58 John F.and Carol A.Cummiskey d/b a Captains Choice have petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 3.1.1(3)(F)Bed and Breakfast to allow the renting of three(3)rooms to not more than six(6)guests.The property is shown on Assessor's Map 288.Parcel 174 and is commonly addressed as 212 Greenwood Avenue, Hyannis.MA in an RB Residential B Zoning District. 8:15 P.M. Drake Petroleum Co. Appeal Number 1998.59 Drake Petroleum Co.has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 3-3.6(3)Conditional Uses in the HB Highway Business District.The applicant seeks to construct a new 4'x 6'drive-up window for sale of coffee and donuts in conjunction with previously permitted retail convenience store and service station. The property is shown on Assessor's Map 269,Parcel 159 and is commonly addressed as 326 West Main Street,Hyannis.MA in an HB Highway Business District. 8:30 P.M. Wuihrich Appeal Number 1998-60 Marianne Wuthrich has applied to the Zoning Board of Appeals fora Use Variance to Section 3-1.1 Principal Permitted Uses in the RD-1 Residential D-1 Zoning District and Section 3- 1.5 Principal Permitted Uses in the RC-2 Residential C-2 Zoning District to permit continued operation of a seven(7)bedroom Bed and Breakfast Lodging house in a residential district. The property is shown on Assessor's Map 208.Parcel 085-004 and is commonly addressed as 481 Main Street,Centerville.MA in the RD-1 Residential D-1 Zoning District and the RC- 2 Residential C-2 Zoning District. 8:45 P.M. Bain Appeal Number 1998.61 Donald J.Bain has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 4-4.5(2)Expansion of a pre-existing Nonconforming Use to allow the renting of eight (8) rooms to not more than sixteen (16) guests or Section 3-1.1(3)0 Bed and Breakfast to allow the renting of three(3)rooms to not more than six(6)guests.The property is shown on Assessors Map 317.Parcel 02 1.001 and is commonly addressed as 3660 Main Street,Barnstable.MA in an RF-2 Residential F-2 Zoning District. 8:50 P.M. Bain Appeal Number 1998-62 Donald J.Bain has applied to the Zoning Board of Appeals for a Variance to Sections 3- 1.1(3)(F)Bed and Breakfast Subsection(b)to permit the renting of rooms to not more than sixteen(16)guests in eight(8)rooms.Subsection(h)to permit the transfer of the Special, Permit;and a Use Variance to 3-1.1(1)(A)Principal Permitted Uses.The property is shown on Assessors Map 317,Parcel 021.001 and is commonly addressed as 3660 Main Street, 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 29, 1998. Al plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable, Planning Department,230 South Street,Hyannis,MA. Emmett Glynn.Chairman Zoning Board of Appeals The Barnstable Patriot April 9 and April 16. 1998 ` THIS DOCUMENT HAS NOT BEEN RECORDED!, � FILE COPY ONLY! -ASS. Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1998-61 -A-Donald J. Bain (Ashley Manor) Section 4-4.5(2)-Expansion of a Pre-existing Nonconforming Use Summary: Denied Applicant: Donald J. Bain (Ashley Manor) Property Address: 3660 Mai Street, Barnstable Assessor's Map/Parcel: Map 317, Parcel 021.001 Area: 1.86 acres n Building Area: 5,186 sq.ft. Zoning: RF-2 Residential F-2 Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of approximately 1.86 acres and is located on Main Street (Route 6A) in Barnstable Village. It is improved with a 4,350 sq. ft. two-story wood frame house, a 616 sq. ft. accessory structure of a cottage and a 220 sq. ft. shed. According to assessor's records, the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private septic system. The property is located in an RF-2 Residential F-2 Zoning District, which only allows single-family dwellings as principal permitted uses. The renting of rooms for not more than three (3) non-family members is allowed as an accessory use. Currently, the applicant is operating a six(6) room Bed & Breakfast for up to 12 lodgers known as"Ashley Manor' on this site. The applicant is proposing to add two(2) guest bedrooms and two (2) bathrooms by constructing a second story (1,254 sq. ft. in area) on the same footprint of the existing house. Zoning relief is being requested in a number of ways to legitimize the current use of the property and to permit an additional (2) guest rooms to be rented to a total of not more than 16 guests. Relief Requested: lief to legalize the existing use of the property as a 6 bedroom Bed & The applicant applied for several forms of re Breakfast and to expand that use with an additional 2 guest rooms. The relief being requested as follows: Appeal No. 1998-61 -A: Special Permit Pursuant to Section 4-4.5(2) -Expansion of a Pre-existing Nonconforming Use Appeal No. 1998-61 - B: Special Permit Pursuant to Section 3-1.1(3)(F) - Bed & Breakfast Conditional Use Appeal No. 1998-62 -A Use Variance to Section 3-1.1(1)(A)- Principal Permitted Uses Appeal No. 1998-62- B Variance to Section 3-1.1(3)(F), Subsections (b) -Maximum number of guest rooms and lodgers and (h)- Issued only to the owner and is not transferable. History of Site: On February 1, 1985, the previous owner of the property,Woodville W. Guy, applied for a special permit(Appeal No 1985-47)to allow the renting of rooms for up to twelve (12) lodgers. The 1985 Zoning By-law allowed as-of- right single-family dwellings and the renting of rooms for not more than 6 lodgers by a family resident in the t Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-61 -A-Donald J.Bain(Ashley Manor) Special Permit-Section 4-4.5(2)-Expansion of a Pre-existing Nonconforming Use dwelling. That appeal was denied. The Board found that the premises had always been a one-family residence, was not nonconforming, and had never been a commercial use. They found that no evidence was presented at the hearing to warrant the requested relief. The current owner, Donald J. Bain, has owned the property since 1986. He reports that he has operated a six (6) guest room Bed & Breakfast since 1986, and has submitted copies of a Lodging House License for each year from December 1985 to December 1997. The applicant has also submitted copies of a Permit to Operate a Food Establishment for each year from 1988 to 1998. However, no special permit or variance was ever approved by the Zoning Board of Appeals to allow this use. In November of 1987, the number of lodgers permitted as an accessory use to single-family dwellings was reduced from six(6)to three (3) in RF-2 Districts (ATM 11/7/87, Art. 12). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 18, 1998. A 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 29, 1998, and continued to June 3, 1998, August 12, 1998, and November 4, 1998 at which time the Board denied the special permit for an expansion of a non-conforming use. Hearing Summary: Board Members hearing and deciding this appeal were Ron Jansson, Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn.. Attorney Peter Freeman represented the applicant, Donald Bain, who was also present. At the opening of the public hearing of April 29, 1998, Attorney Freeman reported to the Board that some abutters have written in opposition and Mr. Bain would like a continuance to allow him time to talk with the neighbors about their concerns. The Board agreed to continue these appeals to June 03, 1998. At the June 3, 1998 continuance a letter from Attorney Freeman, dated June 02, 1998 was read. That letter, requested a continuance of the Bain appeals. Attorney Freeman reported the applicant is still in the process of obtaining Old King's Highway Historic District Committee's approval. He went before them on May 27, 1998 and his application was continued until June 10, 1998. The Board continued the appeals to August 12, 1998. At the August 12, 1998 continuance, a letter from Attorney Freeman, dated July 28, 1998, requesting a continuance was submitted to the Board. Mr. Freeman was present and addressed the Board. He reported the applicant is still in the process of trying to get approval from the Old King's Highway Historic District Committee and would like a continuance. The Board granted a continuance to November 04, 1998. At the November 04, 1998 continuance, the Board first heard the Special Permit issues;: Appeal No. 1998-61 -A, Special Permit Section 4-4.5(2) -Expansion of a Pre-existing Nonconforming Use Appeal No. 1998-61 - B, Special Permit Section 3-1.1(3)(F) - Bed & Breakfast Conditional Use Attorney Freeman reported the subject property, known as Ashley Manor, was purchased by Mr. Bain in 1986. Since 1986, Ashley Manor has been duly licensed as a Lodging House for up to six guests. The applicant is seeking to legalize the existing use of the property as a six bedroom/twelve guest Bed & Breakfast. He is also seeking to use an additional two rooms as guest bedrooms for a total of eight guest bedrooms and sixteen guests. The first form of relief requested is an expansion of a pre-existing nonconforming use. As to the Special Permit request pursuant to Section 4-4.5(2), Attorney Freeman initiated a discussion to prove the legal nonconforming use, reporting that Ashley Manor had been licensed by the Board of Selectman since 1986 with no limitations on the number of lodgers identified within those licenses. In 1986, zoning allowed up to six lodgers as a matter-of- right. Since that time, Mr. Bain has continually operated the house with at least six lodgers. The house has six guest bedrooms and two bedrooms for the owner. Mr. Freeman indicated this establishes the use as pre- 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-61 -A-Donald J. Bain(Ashley Manor) Special Permit-Section 4-4.5(2)-Expansion of a Pre-existing Nonconforming Use existing nonconforming use for up to six lodgers and therefore allows the applicant to seek an expansion of that pre-existing nonconforming use. The relief being requested is to expand the non-conforming use with two new additional guest rooms for a total of eight guest bedrooms. The site has a new Title V Septic System as reported by Down Cape Engineering. In a letter dated April 23, 1998 to Donald Bain, Arne J. Ojala writes"I have determined the design flow capacity of the Title 5 system serving the main house ... is adequate to serve in excess of the proposed 10 bedroom total. The flow capacity of the Title 5 system serving the cottage is .... adequate to service in excess of the single bedroom therein.". Attorney Freeman reviewed the site and the proposed floor plan of the new addition. Citing that original proposal was approved by Site Plan Review Committee on February 19, 1998. It was for two guest rooms to be added to the second floor within the existing footprint of the building. That proposal was denied by the Town of Barnstable Old King's Highway Historic District Committee (OKH). The applicant changed the proposal to now include the construction of a 840 sq. ft., two-story addition to the rear of the inn. This new proposal was approved by OKH on October 14, 1998, and the modified site plan was found approvable by the Site Plan Review Committee on October 22, 1998. The Board, the Applicant, and Attorney Freeman discussed the difference(s) between an Inn and a Bed and Breakfast. Some felt an Inn is more commercial in nature and that a Bed and Breakfast use of a residential dwelling was an accessory use to the principal permitted single family dwelling use. It was also noted that a Bed and Breakfast serves breakfast only and is owner-occupied. Mr. Bain indicated Ashley Manor Inn is a misnomer because in his opinion this is not an "inn" in any commercial sense but rather"his home"where people come and visit and sleep and he also serves them breakfast. His home does not create the appearance of a commercial use but looks more like an estate type home. Mr. Bain reminded the Board that he has been operating this dwelling as the Ashley Manor(without complaints from neighbors) since 1986. The Board and Attorney Freeman discussed the requested relief. Attorney Freeman noted that if the Board is satisfied that the applicant has a pre-existing nonconforming use for six lodgers, then the applicant is seeking to expand that use to allow up to twelve, or preferable sixteen lodgers. Currently, the applicant has no relief under zoning for the main house or cottage. The Board noted for the record, that on site there currently is a main house with five guest bedrooms and two owner bedrooms, and a cottage with one bedroom for a total of eight bedrooms on site. There are no permits to show when the cottage was legally permitted to be used as a rental unit. There are no kitchen facilities in the cottage. They are currently using six bedrooms for lodging -five in the main house and one in the cottage. Public Comments: Edward Handy, an abutter, spoke in opposition citing that he does not think there is a legal pre-existing nonconforming use and that it can not be expanded. He feels to change from six people to sixteen lodgers is a detriment to the area and an over intensification to the neighborhood. Vicki Marchant, an abutter spoke in favor, citing that this Bed and Breakfast is kept up nicely and quite beautiful and she does not consider this a detriment in any way. No one else spoke in favor or in opposition to this appeal. Previously submitted to the file are letters of support from Mrs. Martin, Ralph Gillis, Anthony Stanford and Lynne Poyant, Hyannis Area Chamber of Commerce, letters in opposition were from Edward Handy, and Ralph and Tylee Stoesser, and a petition in opposition signed by six people. Concerning the letter from Clyde and Eleanor Claus, Attorney Freeman claimed that Mr. Claus told him he is no longer in opposition because at the time he wrote that letter he did not understand the applicant's proposal. Findings of Fact: At the Hearing of November 04, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-61-A-a Special Permit pursuant to Section 4-4.5(2) - Expansion of a Pre-existing Nonconforming Use: 1. The applicant is Donald J. Bain d/b/a Ashley Manor. The property address is 3660 Main Street, Barnstable, MA as shown on Assessor's Map 317, Parcel 021.001. The property in issue is located in the RF-2 Residential F-2 Zoning District and consists of approximately 1.86 acres. It is occupied by at least two structures; a larger home and a cottage totaling 5,186 square feet. 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-61 -A-Donald J.Bain(Ashley Manor) Special Permit-Section 4-4.5(2)-Expansion of a Pre-existing Nonconforming Use 2. The Petitioner is seeking a Special Permit pursuant to Section 4-4.5(2)for an expansion of a pre-existing nonconforming use. 3. The Petitioner has presented evidence to establish that, prior to 1987 in the RF-2, Residential F-2 Zoning District, the Zoning Bylaw allowed for the renting of rooms for up to six (6) lodgers, as a matter-of-right. Subsequent to 1987, the Zoning Bylaw was changed to reflect the fact that in an RF-2 Residential F-2 Zoning District, as a matter-of-right, the renting of rooms was allowed for up to three (3) lodgers. 4. The testimony of the Petitioner, which is uncontroverted, is the fact that the property was consistently used - prior to and after 1987-for the renting out of rooms to at least six (6) lodgers. The size of house and the number of rooms that were utilized at this location would give credence to that fact. Accordingly, the current use of the property for renting to at least six(6) lodgers is a pre-existing nonconforming use. 5. However, the Petitioner is not seeking an expansion of the pre-existing nonconforming use, but rather is seeking a total change in the character of the use to change from a Lodging House to a Bed and Breakfast. 6. The Zoning Board of Appeals, the Planning Board, and members of the Town have spend a significant amount of time attempting to adopt a Zoning Ordinance pertaining to older houses in the Town to be used as a Bed and Breakfast. The Zoning Ordinance clearly defines the limits of what is intended to be used as a Bed and Breakfast in the Town. A Bed and Breakfast use is different from that of a Lodging House use. 7. Accordingly, the Petitioner's application seeking an expansion of a pre-existing nonconforming use is not appropriate. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None Decision: Based on the findings of fact in Appeal Number 1998-61 for a Special Permit pursuant to Section 4-4.5(2) for an expansion of a pre-existing nonconforming use, a motion was duly made and seconded to deny the application with reference only to the expansion of a pre-existing nonconforming use. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None Order: In Appeal Number 1998-61,the request for a Special Permit pursuant to Section 4-4.5(2)for an expansion of a pre-existing nonconforming use, has been denied. AppeaJs of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days fter the dat of h filing of this decision. A copy of which must be filed in the office of the Town Clerk. 46-11 �� , 1998 Emmett Glynn, Chairm n Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the offic of the Town Clerk. i Signed and sealed this day f 1998 under the pains and penalties of perjury. Linda Hutchenrlder, Town Clerk 4 PAR: R317 021.001 PAR: R317 021.002 PAR: R317 020. KEY: 232652 TAX CODE:ICO KEY: 232661 TAX CODE:100 KEY: 232643 TAd CODE:100 GAIN. DONALD J CAMELIO♦ ERNEST S TRS K MJASON. 2UENTIN R 8 LA.ILA B 3560 MAIN ST CAMELIO. ESTHER E TRS 417 COMMERCE RD BARNSTABLE MA 02630-0000 BOX 951 aARNSTABLE MA 02630-0000 BARNSTABLE MA 02630-0000 PAR: R317 019. PAR: R317 043. PAR: R317 342. KEY: 232634 TAX CODE:100 KEY: 232894 TAX CODE:100 KEY: 232885 TAX CODE:100 JONES. WARREN FB LUCILLE PEAK• MARY G MJORE. THOMAS J PO BOX 76 C/O WILLIAM H DOE 3o25 RAIN ST BARNSTABLE MA 02630-0000 P 0 BOX 445 aARNSTA3LE MA 32630-0000 CUMMAOUID MA 02637-0000 PAR: R317 041. PAR: R317 039. PAR: R317 040. KEY: 232876 TAX CODE:100 KEY: 232858 TAX CODE:100 KEY: 232867 TAL CODE:100 STOESSER• TYLEE MARTIN• MARGARET JOHNSON. CARL H JR d 3641 MAIN ST P 0 BOX 1133 3667 MAIN ST JOHNSON. JUDITH E BARNSTABLE MA 02630-0000 BARNSTABLE MA 02630-0000 P 0 BOX 306 CUMMAQUID MA 02637-0000 PAR: R317 035. PAR: R317 034. PAR: R317 033. KEY: 232812 TAX CODE:100 KEY: 232803 TAX CODE:100 KEY: 232796 TAL CODE:100 BARNSTABLEP COUNTY OF LAMB. ALBERT R FUL-uiNITI. LETA L OFF ROUTE .6A LAMA• NANCY STUTSMAN 37U5 MAIN ST BARNSTABLE MA 02630-0000 MAIN ST 3ARNSTABLE AA 02630-0000 BARNSTABLE MA 02630-0000 PAR: R317 025. PAR: R317 024. PAR: R317 023. . KEY: 232714 TAX CODE:100 KEY: 232705 TAX CODE:100 KsEY: 232698 TAX CODE:100 DOLL. DAVID C GILLIES. RALPH. I .iiLLIES• RALPH I BOX 371 %CLAUS. CLYDE R 8 ELEANOR G XCLAU3. CLYDE R 3 ELEANOR G CUMMAAUID MA 02637-0000 9615 OAK CIRCL-E 4615 OAK CIRCLE OMAHA NE 68125-0000 OMAHA AE 68125-0300 PAR: R317 022. PAR: R317 021.003 PAR: R318 026. KEY: 232689 TAX CODE:ICO KEY: 232670 TAX CODE:100 KEY: 233562 TAX CODE:100 HANDY. EDWARD 0 I11 TR 8 MARCHANT. DENNIS d VICKI R JARNSTA8LE CONSV FOUND INC HANDY. SETH H TR P 0 BOX 442 P U SOX 224 12 TALBOT MANOR BARNSTABLE MA 02630-0000 COTUIT MA 02635-0300 CRANSTON RI 02905-0000 PAR: R318 052. PAR: R318 008. KEY: 233802 TAX CODE:100 KEY: 233367 TAX CODE:100 SPOHR• CAROL HILFERTY. BARBARA J 409 COMMERCE RD PO BOX 451 BARNSTABLE MA 02630-0000 CUMMAGUID MA 02637-0000 Proof of Pubk2tion LEGAL NOTICES� Town of Barnstable Zoning Board of Appeals Notice of Public Hearing Under The Zoning Ordinance for April 29, 1998 To all persons interested in.or affected by the Board of Appeals under Sec.11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that: 7:45 P.M. Nickerson Appeal Number 1998-57 Cynthia D.Nickerson has applied to the Zoning Board of Appeals fora Variance from Section 3-1.1(3)0)(g)to permit a family apartment which is not to be occupied by a member of the property owner's family.The property is shown on Assessor's Map 228.Parcel 188 and is commonly addressed as 293 River View Lane. Centerville, MA in an RC Residential C Zoning District. 8:00 P.M. Cummiskey Appeal Number 1998-58 John F.and Carol A.Cummiskey d/b a Captains Choice have petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 3-1.1(3)0 Bed and Breakfast to allow the renting of three(3)rooms to not more than six(6)guests.The property is shown on Assessor's Map 288.Parcel 174 and is commonly addressed as 212 Greenwood Avenue, Hyannis.MA in an RB Residential B Zoning District. 8:15 P.M. Drake Petroleum Co. Appeal Number 1998-59 Drake Petroleum Co.has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 3-3.6(3)Conditional Uses in the HB Highway Business District.The applicant seeks to construct a new 4'x 6'drive-up window for sale of coffee and donuts in conjunction with previously permitted retail convenience store and service station.The property is shown on Assessor's Map 269.Parcel 159 and is commonly addressed as 326 West Main Street,Hyannis.MA in an HB Highway Business District. 8:30 P.M. Wuthrich Appeal Number 1998-60 Marianne Wuthrich has applied to the Zoning Board of Appeals fora Use Variance to Section 3-1.1 Principal Permitted Uses in the RD-1 Residential D-1 Zoning District and Section 3- 1.5 Principal Permitted Uses in the RC-2 Residential C-2 Zoning District to permit continued operation of a seven(7)bedroom Bed and Breakfast Lodging house in a residential district. The property is shown on Assessor's Map 208,Parcel 085-004 and is commonly addressed as 481 Main Street,Centerville.MA in the RD-1 Residential D-1 Zoning District and the RC- 2 Residential C-2 Zoning District. 8:45 P.M. Bain Appeal Number 1998.61 Donald J.Bain has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 4-4.5(2)Expansion of a pre-existing Nonconforming Use to allow the renting of eight (8) rooms to not more than sixteen (16) guests or Section 3-1.1(3)0 Bed and Breakfast to allow the renting of three(3)rooms to not more than six(6)guests.The property is shown on Assessor's Map 317.Parcel 021.001 and is commonly addressed as 3660 Main Street.Barnstable,MA in an RF-2 Residential F-2 Zoning District. 8:50 P.M. Bain Appeal Number 1998-62 Donald J.Bain has applied to the Zoning Board of Appeals for a Variance to Sections 3- 1.1(3)(F)Bed and Breakfast Subsection(b)to permit the renting of rooms to not more than sixteen(16)guests in eight(8)rooms.Subsection(h)to permit the transfer of the Special. Permit:and a Use Variance to 3-1.1(1)(A)Principal Permitted Uses.The property is shown on Assessor's Map 317.Parcel 021.001 and is commonly addressed as 3660 Main Street, 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 29. 1998. All plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable, Planning Department,230 South Street.Hyannis,MA. Emmett Glynn,Chairman Zoning Board of Appeals The Barnstable Patriot April 9 and April 16. 1998 A THIS DOCUMENT HAS NOT BEEN RECORDED - FILE COPY ONLY! MAM Town of Barnstable Zoning Board of Appeals Notice -Withdrawn Without Prejudice Appeal No. 1998-62 -A -Donald J. Bain (Ashley Manor) Use Variance-Section 3-1.1(1)(A) - Principal Permitted Uses Summary: Withdrawn Without Prejudice Applicant: Donald J. Bain (Ashley Manor) Property Address: 3660 Main Street, Barnstable Assessor's Map/Parcel: Map 317, Parcel 021.001 Area: 1.86 acres Building Area: 5,186 sq.ft. Zoning: RF-2 Residential F-2 Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of approximately 1.86 acres and is located on Main Street (Route 6A) in Barnstable Village. It is improved with a 4,350 sq. ft. two-story wood frame house, a 616 sq. ft. accessory structure of a cottage and a 220 sq. ft. shed. According to assessor's records, the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private septic system. The property is located in an RF-2 Residential F-2 Zoning District, which only allows single-family dwellings as principal permitted uses. The renting of rooms for not more than three(3) non-family members is allowed as an accessory use. Currently, the applicant is operating a six(6) room Bed & Breakfast for up to 12 lodgers known as"Ashley Manor" on this site. The applicant is proposing to add two (2) guest bedrooms and two (2) bathrooms by constructing a second story (1,254 sq. ft. in area) on the same footprint of the existing house. Zoning relief is being requested in a number of ways to legitimize the current use of the property and to permit an additional (2) guest rooms to be rented to'a total of not more than 16 guests. Relief Requested: The applicant applied for several forms of relief to legalize the existing use of the property as a 6 bedroom Bed & Breakfast and to expand that use with an additional 2 guest rooms. The relief being requested as follows: Appeal No. 1998-61 -A: Special Permit Pursuant to Section 4-4.5(2)- Expansion of a Pre-existing Nonconforming Use Appeal No. 1998-61 -B: Special Permit Pursuant to Section 3-1.1(3)(F)- Bed & Breakfast Conditional Use Appeal No. 1998-62 -A Use Variance to Section 3-1.1(1)(A) -Principal Permitted Uses Appeal No. 1998-62- B Variance to Section 3-1.1(3)(F), Subsections (b) - Maximum number of guest rooms and lodgers and (h) - Issued only to the owner and is not transferable. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 18, 1998. A 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all Town of Barnstable-Zoning Board of Appeals-Notice-Withdrawn Without Prejudice • Appeal No. 1998-62-A-Donald J. Bain(Ashley Manor) Use Variance-Section 3-1.1(1)(A)-Principal Permitted Uses abutters in accordance with MGL Chapter 40A. The hearing was opened April 29, 1998, and continued to June 3, 1998, August 12, 1998, and November 4, 1998 at which time the applicant requested and the Board permitted the appeal for a Use Variance to be withdrawn without prejudice. Hearing Summary: Board Members hearing and deciding this appeal were Ron Jansson, Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn.. Attorney Peter Freeman represented the applicant, Donald Bain, who was also present. At the opening of the public hearing of April 29, 1998, Attorney Freeman reported to the Board that some abutters have written in opposition and Mr. Bain would like a continuance to allow him time to talk with the neighbors about their concerns. The Board agreed to continue these appeals to June 03, 1998. At the June 3, 1998 continuance a letter from Attorney Freeman, dated June 02, 1998 was read. That letter, requested a continuance of the Bain appeals. Attorney Freeman reported the applicant is still in the process of obtaining Old King's Highway Historic District Committee's approval. He went before them on May 27, 1998 and his application was continued until June 10, 1998. The Board continued the appeals to August 12, 1998. At the August 12, 1998 continuance, a letter from Attorney Freeman, dated July 28, 1998, requesting a continuance was submitted to the Board. Mr. Freeman was present and addressed the Board. He reported the applicant is still in the process of trying to get approval from the Old King's Highway Historic District Committee and would like a continuance. The Board granted a continuance to November 04, 1998. At the November 04, 1998 continuance, the Board, after hearing the Special Permit issue of Appeal No. 1998- 61, then addressed the Variance request of Appeal No. 1998-62 Attorney Freeman reported the applicant, Mr. Bain, would like to withdraw.his request for a Use Variance Decision: At the request of the applicant, a motion was duly made and seconded to permit the Applicant to withdraw without prejudice Appeal No. 1998-62-A, the request for a Use Variance to Section 3-1.1(1)(A) The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None Order: The request for a Use Variance in Appeal Number 1998-62 has been Withdrawn Without Prejudice. Appe Is of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) day after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 1998 Emmett Glynn, 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 9�-kda f 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 2 PAR: R317 021.001 PAR: R317 021.002 PAR: R317 020. KEY: 232652 TAX CODE:ICO KEY: 232661 TAX CODE:100 KEY: 232643 TAB( CODE:100 BAIN. DONALD J CAMELIO. ERNEST S TRS & MUASON. QUENTIN R & LAILA 9 3560 MAIN ST CAMELIO. ESTHER E TRS 417 COMMERCE RD BARNSTABLE MA 02630-0000 BOX 951 8ARNSTABLE MA 02630-0000 BARNSTABLE MA 02630-0000 PAR: R317 019. PAR: R317 043. PAR: R317 042. KEY: 232634 TAX CODE:100 KEY: 232894 TAX CODE:100 KEY: 232885 TAX CODE:100 JOKES• WARREN F& LUCILLE PEAK. MARY G -IJJREP THOMAS J PO BOX 76 C/O WILLIAM H DOE 3*25 MAIN ST BARNSTABLE MA 02630-0000 P 0 BOX 445 DARNSTA3LE MA 02630-0000 CUMMAQUID MA 02637-0000 PAR: R317 041. PAR: R317 039. PAR: R317 040. KEY: 232876 TAX CODE:100 KEY: 232858 TAX CODE:100 KEY: 232867 TAX CODE:100 STOESSER. TYLEE MARTIN• MARGARET JOHNSON. CARL H JR & 3641 MAIN ST P 0 BOX 1133 3667 MAIN ST JOHNSON. JUDITH E BARNSTABLE MA 02630-0000 BARNSTABLE MA 02630-0000 P 0 BOX 306 CUMMAQUID MA 02637-0000 PAR: R317 035. PAR: R317 034. PAR: R317 033. KEY: 232812 TAX CODE:100 KEY: 232803 TAX CODE:100 KEY: . 232796 TALC CODE:100 BARNSTABLE. COUNTY OF LAMB, ALBERT R FULGINITI. LETA L OFF ROUTE .6A LAMB. NANCY STUTSMAN 37U5 MAIN ST BARNSTABLE MA 02630-0000 MAIN ST 3ARNSTABLE AA 02630-0000 BARNSTABLE MA 02630-0000 PAR: R317 025. PAR: R317 024. PAR: R317 023. . KEY: 232714 TAX CODE:100 KEY: 232705 TAX CODE:100 KcY: 232698 TAX CODE:100 DOLL. DAVID C GILLIES• RALPH. I aILLIES• RALPH I BOX 371 XCLAUS. CLYDE R & ELEANOR 6 XCLAUS. CLYDE R 3 ELEANOR G CUMMAQUID MA 02637-0000 9615 OAK CIRCLE 4615 OAK CIRCLE OMAHA NE 68125-0000 UMAHA AE 68125-0300 PAR: R317 022. PAR: R317 021.003 PAR: R318 026. KEY: 232689 TAX CODE:ICO KEY: 232670 TAX CODE:100 KEY: 233562 TAX CODE:100 HANDY. EDWARD 0 III TR & MARCHANT. DENNIS & VICKI R JARNSTABLE CONSV FOUND INC HANDY. SETH H TR P 0 BOX 442 P U BOX 224 12 TALBOT MANOR BARNSTABLE MA 02630-0000 COTUIT • MA 02635-0000 CRANSTON RI 02905-0000 PAR: R318 052. PAR: R318 008. KEY: 233802 TAX CODE:100 KEY: 233367 TAX CODE:100 SPOHR• CAROL HILFERTY. BARBARA J 400 COMMERCE RD PO BOX 451 BARNSTABLE MA 02630-0000 CUMMAQUID MA 02637-0000 L Proof of Pubk2tion f Town of Barnstable Zoning Board of Appeals Notice of Public Hearing Under The Zoning Ordinance for April 29, 1998 To all persons interested in.or affected by the Board of Appeals under Sec.11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts.and all amendments thereto you are hereby notified that: 7:45 P.M. Nickerson Appeal Number 1998-57 Cynthia D.Nickerson has applied to the Zoning Board of Appeals fora Variance from Section 3-1.1(3)(D)(g)to permit a family apartment which is not to be occupied by a member of the property owners family.The property is shown on Assessor's Map 228.Parcel 188 and is commonly addressed as 293 River View Lane. Centerville. MA in an RC Residential C Zoning District. 8:00 P.M. Cummiskey Appeal Number 1998-58 John F.and Carol A.Cummiskey d/b a Captains Choice have petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 3-1.1(3)(F)Bed and Breakfast to allow the renting of three(3)rooms to not more than six(6)guests.The property is shown on Assessors Map 288,Parcel 174 and is commonly addressed as 212 Greenwood Avenue, Hyannis.MA in an RB Residential B Zoning District. 8:15 P.M. Drake Petroleum Co. Appeal Number 1998-59 Drake Petroleum Co.has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 3.3.6(3)Conditional Uses in the HB Highway Business District.The applicant seeks to construct a new 4'x 6'drive-up window for sale of coffee and donuts in conjunction with previously permitted retail convenience store and service station.The property is shown on Assessors Map 269.Parcel 159 and is commonly addressed as 326 West Main Street,Hyannis.MA in an HB Highway Business District. 8:30 P.M. Wufhrich Appeal Number 1998-60 Marianne Wuthrich has applied to the Zoning Board of Appeals fora Use Variance to Section 3-1.1 Principal Permitted Uses in the RD-1 Residential D-1 Zoning District and Section 3- 1.5 Principal Permitted Uses in the RC-2 Residential C-2 Zoning District to perrnitcontinued operation of.a seven(7)bedroom Bed and Breakfast Lodging house in a residential district. The property is shown on Assessors Map 208.Parcel 085.004 and is commonly addressed as 481 Main Street,Centerville.MA in the RD-1 Residential D-1 Zoning District and the RC- 2 Residential C-2 Zoning District. 8:45 P.M. Bain Appeal Number 1998-61 Donald J.Bain has petitioned to the Zoning Board of Appeals fora Special Permit pursuant to Section 4-4.5(2)Expansion of a pre-existing Nonconforming Use to allow the renting of eight (8) rooms to not more than sixteen (16) guests or Section 3-1.1(3)(F) Bed and Breakfast to allow the renting of three(3)rooms to not more than six(6)guests.The property is shown on Assessors Map 317.Parcel 021.001 and is commonly addressed as 3660 Main Street,Barnstable.MA in an RF-2 Residential F-2 Zoning District. 8:50 P.M. Bain Appeal Number 1998-62 - Donald J.Bain has applied to the Zoning Board of Appeals for a Variance to Sections 3. 1.1(3)(F)Bed and Breakfast Subsection(b)to permit the renting of rooms to not more than sixteen(16)guests in eight(8)rooms.Subsection(h)to permit the transfer of the Special. Permit:and a Use Variance to 3-1.1(1)(A)Principal Permitted Uses.The property is shown on Assessors Map 317,Parcel 021.001 and is commonly addressed as 3660 Main Street. 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 29, 1998. All plans and applications may be reviewed at the Zoning Board of Appeals Office.Town of Barnstable, Planning Department.230 South Street.Hyannis.MA. Emmett Glynn.Chairman Zoning Board of Appeals The Barnstable Patriot - April 9 and April 16. 1998 V-4- t , Town of Barnstable Planning Department Follow-up Staff Report-Bain Appeal No. 1998-61 -Special Permit Pursuant to Section 4-4.5(2) Expansion of a Pre-existing Nonconforming Use or a Special Permit Pursuant to Section 3-1.1(3)(F)Bed & Breakfast Appeal No. 1998-62-Variance to Section 3-1.1(3)(F),Subsections (b)and (h)and a Use Variance to Section 3-1.1(1)(A) Principal Permitted Uses Date: October 28, 1998 To: Zoning Board of Appeals From: Approved By: Robert P. Sciie—ffiig, Director v Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog,Associate Planner Applicant: Donald J. Bainf(Ashley Manor) Property Address: 3660 Main-St At the April 29, 1998 hearing, the Board requested that the applicant go before the Old King's Highway Regional Historic District Commission. The case has been in a continued status awaiting approval from OKH. The original proposal, approved by Site Plan Review on February 19, 1998, was for 2 guestrooms to be added to the second floor within the existing footprint of the building. This proposal was denied by OKH. The current proposal is to construct a 840 sq. ft., two-story addition to the rear of the inn. The new proposal has been approved by OKH (see attached elevations and Certificate of Appropriateness). The modified site plan was found approvable by the Site Plan Review Committee on October 22, 1998. Floor plans of the proposed addition have been submitted and are attached. The staff report generated for these appeals was based on the septic system report from Troy Williams, dated February 19, 1998. This report stated that the inspector was unable to locate the septic system for the cottage but it was most likely a cesspool due to the age of the cottage. Staff had concerns with using the cottage in conjunction with the Bed and Breakfast due to the lack of information on the septic system serving the cottage. A subsequent letter from"down cape engineering", dated April 23, 1998, indicates that the septic system for the cottage is a Title V system. This letter states that the septic system for the main house is a Title V system with a design flow capacity adequate to serve in excess of 10 bedrooms and the design flow capacity of the Title V system serving the cottage is adequate to serve in excess of the single bedroom therein. Modified Possible Conditions: In light of this new information, if the Board should find to grant the relief requested, Staff has provided the following modified list of conditions: 1. The property shall be developed in accordance with the submitted Site Plan of Ashley Manor prepared by "down cape engineering, inc."dated 2/12/98 and revised 9/22/98. 2. The use of the property is limited to a single-family dwelling and an eight(8) room Bed and Breakfast facility for not more than sixteen (16) lodgers. 3. The owner shall be responsible for the operation of the property and shall be resident when the Bed& Breakfast is in operation. Town of Barnstable-Planning Department-Follow-up Staff Report-Bain i Appeal No. 1998-61 -Special Permit Pursuant to Section 4-4.5(2)or Section 3-1.1(3)(F) Appeal No. 1998-62-Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) 4. The owner of the property shall file an affidavit letter with the Building Commissioner on an annual basis in the month of January stating that the property is his/her principal residence and that he/she is in residence at all times that the Bed and Breakfast is being operated. 5. Breakfast may be served to guests only but in no instances shall cooking facilities, including but not limited to stoves, microwave ovens, toaster ovens, and hot plates be available to guests. This includes the accessory cottage structure. 6. The property shall be maintained so that the appearance of the building and grounds remain that of a single-family residence. 7. The total number of bedrooms allowed on the property shall be ten (10); eight(8)for the Bed & Breakfast and two(2) additional bedrooms to be occupied by the owner's family only. One of the eight(8) bedrooms for the Bed & Breakfast shall be located in the accessory cottage structure. 8. The number of bedrooms or size of the either the main dwelling or the cottage shall not be increased or expanded without further relief from the Zoning Board of Appeals. 9. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent properties. 10. Signage shall not be interior illuminated and shall not exceed four sq. ft. in area. Signage must receive Old King's Highway Regional Historic District Commission approval. 11. The locus shall comply with all Town of Barnstable Building and Health Divisions Regulations, Licensing, and Fire Department Requirements. 12. An alarm system shall be installed to the satisfaction of the Barnstable Fire Department and shall be wired directly to the fire dispatch center, or to any other dispatcher to be determined by the Barnstable Fire Department(as requested in the January 05 1998, letter from Barnstable Fire Department, Glenn B. Coffin, Captain). The Board should note that these conditions are based upon a relief of a Nonconforming Use Special Permit or a Use Variance. Not all of the conditions are necessary if a Conditional Use, Bed and Breakfast, Special Permit is issued. Attachments: April 23, 1998 Letter from"down cape engineering" Certificate of Appropriateness from OKH Elevations SPR Meeting Notes Site Plan Floor plan Copies: Applicant/Petitioner THU 13 :"3 IrOWN CAPE E'NG'INEERING UD !•ie Vtl cG Yl i lei.(-%e,392a5.�1 93h main streat n 6a s f*A 15001 M-9M y3rrrovtr pax: w/� /� � ln095l)2675 dlo n c1lpt togs r i a !ml I r;tYll Er?yir7fFrl 8i/Y/!SI SLfY'FYV/i . ' • nrijetu•sl des:gq Aim.W.Ocala P.P.,•PL& i 7lmglhy H Cov011.P.L& . Davu G.Mugm P.L� lend court April 23, I998 ;; i-u .L tutrtYt 1 Ii4 i Donald Bain APR 2 71998 sire�r,+n��e Ashley Manor 3660 Main Street Blunstable;MA 02631, -n%A�� el P-:'.STABLE csrrrpo syctorn :��PPFA{.�• . . • Dear Mr.Bain: f�su.;fiunt Pursuant to your request,I have reviewed the design flow capacity of the septic- sys►�ms serving the Ashley Manor and cottage. 1 hai-e determined the follo«ing The design now capacity of the Title 5 system serving the main house is 1660 gallons per vrm"' day- It is adequate to serve in excess of the proposed 10 bedrooM total. The design flow capacity of they Title 3 system serving the.cotta€e is greiter than 330 gallons per day and is tadetlume. to serve in excess of the single bedroom therein. Bmed on the requirements of Title 5 131D CMR 15.352 and 310 CMR 15 301(5)j_no upgrade or charge under the new.T isle 5 is required, Very ttulyyours, COILa Arne H. Ojala,PE.PLS Wm 4 i Down Cape Fngineeriag,Inc. �+a%��; •rcwst t,,� • cc: T. McKean,Health Director, Ba;.utable Heal h epartrnent Atty.Peter Freeman • �1998 � 35 «...� Application to Old King's Highway Regional Historic District Committee in the Town of Bamstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made,In triplicate,for the issuance of a Certificate.of Appropriateness under Section 6 of Chapter 470, Ads and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings or photographs accompanying this application for. CHECK CATEGORIES THAT APPLY. 1. Exterior Building Construction: 0 New Building ■Addition 0 Alteration Indicate type of building: ■House O Garage mCommwdal 0 Other 2. Exterior Painting: 0. 3. Signs or Billboards: 0 New sign 0 E)dsting sign 0 Repainting existing sign 4. Structure: '0 Fence 0 Wall 0 Flagpole O Other (Please read other side for explanation and requirements). TYPE OR PRINT LEGIBLY DATE_15 September 1998 ADDRESS OF PROPOSED WORK 3660 Main St.,Barnstable ASSESSORS MAP NO. 317 OWNER Donald Bain d/b/a Ashley Manor ASSESSORS LOT NO. 02 MAILING ADDRESS P.O.Box$56,Barnstable,MA 02630 TEL NO. 508-362-9927 FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way.(Attach additional sheet if necessary). SEE ATTACHED LIST AGENT OR CONTRACTOR Fenuccio&Richmond Architects,Inc. TEL. NO. 508-362-8382 ADDRESS 923 Main Street,Yarmouthport, MA. 02675 DETAILED DESCRIPTION OF PROPOSED WORK Give all particulars of work to be done(se No.8,other side),including materials to be used,if specifications do not accompany plans. In the case of signs,give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if necessary). Cons rust two pew gaest rooms at orth side of existing house per attached plans. Signed • Owner-Contractor-Agent space below line for Committee use. � Date ertificate is hereby Date I f ; TimeEP l 819% '.:vl4 OF BARi�sirBLE m.,�w , w 13 y� Approved 0 IMPORTANT: If Certificate is approved, approval is subject to the 10 day appeal period Provided in the Act. r Ashley Manor Town of Barnstable Old King's Highway.Historic District Committee SPEC SHEET FOUNDATION Concrete (8"+/-exposed) Natural SIDING TYPE White Cedar Shingles COLOR Match Existing_ CHIMNEY TYPE NA COLOR Dark Gray ROOF MATERIAL . Asphalt Shingles COLOR Match Existing PITCH 14 : 12 (Match Existing) WINDOW 6/6 Double Hung SIZE 2'-6" x 4'-9" TRIM COLOR White DOORS NA COLOR Blue SHUTTERS Type&Design to Match Existing COLOR(Match Existing) GUTTERS White DECK NA GARAGE DOORS NA COLOR SIGNS NA COLORS FENCE NA COLOR NOTES: Fill out completely,including measurements and materials/colors to be used. Three copies of this form are required for submittal of an application,along with three copies each of the plot plan,landscape plan and elevation plans,when applicable. Plot plan need not be "Certified"except for new homes,but should show all structures on the lot to scale. SPECSHT Old King's Highway Historic District Committee Minutes for Public Hearing of October 14,1998 Donald Bain, d/b/a Ashley Manor, 3660 Main Street, Barnstable, (Map-Parcel 317-021) -Two story addition to an existing dwelling used as a Bed & Breakfast. Rick Funniccio and Donald Bain were present for a hearing on a 21' x 20' two story addition on the Northwest elevation. It was noted that the project is only 3'/2 feet visible to a public street. The pitch will mimic the pitch of the gable end on the west side. There will be two bedrooms and there will be one each floor. All the materials will match existing. The Committee reviewed the plans and decided that they did like the plans. Public Comments: No one spoke in favor or in opposition to this application. Dennis and Vickie Marchant, abutters, were present to view the plans. Ms. Savage attempted to read a letter from Edward Handy (See letter) The Chairman stated that the letter only addressed zoning issues related to usage and not historic aesthetics. Ms. Savage explained that letter is concerned about a shed, and its visibility, and that the writter of the letter would like the OKH Committee to condition its approval on the Zoning Boards approval of the project for various reasons. The Committee felt that this plan was much better than the first one, and the only condition that could be imposed would be to add vegetation. They questioned whether the shed was previously approved, and they decided that it had been. They rendered the following decision. A MOTION was duly made by J. Milholland and seconded by E. Molans that the OKH Committee approve the Certificate of Appropriateness as submitted. Discussion: None. Vote: Aye: J. Milholland and E. Molans Nay: None. Abstained: P. Savage The motion carries by a vote of 2-0-1, and the Certificate of Appropriateness is approved. dam The Town of Barnstable • s�sxsr�, • i6 Department of Health, Safety and Environmental Services Building Division 367 Main.Streei,.Hyannis MA 02601 Office: 508-790-6227 "° Ralph M. Crossen Fax: 508-790-6230 OCT 2 7 Building Commissioner TOVO4 r a TO: Emmett F. Glynn, Chairman, Zoning Board Of Appeals FROM: Ralph M. Crossen, Building Commissioner SUBJECT: SPR 086-98 Ashley Manor, 3660 Main Street (Rt. 6A), Barnstable (317/021.001) Proposal: To legitimize an existing B&B with 6 guestrooms,plus add 2 guestrooms and 2 bathrooms in a 2-story addition at the rear of the Inn. This is a modification of a previous SPR approval. (See SPR 94-97) DATE: October 26, 1998 The above referenced site plan has been reviewed and approved for purposes of referral to the Zoning Board Of Appeals. Attached please find a copy of the letter of approval and meeting notes for your files. SPR Meeting Notes 10/22/98 Site Plan Review Meeting of October 22, 1998 Hearing Room, 2nd floor Barnstable Town Hall 367 Main Street, Hyannis Present: Ralph M. Crossen, Building Commissioner, Steven Pisch, Project Engineer, Alan Twarog, Associate Planner, Thomas McKean, Health Division Director, Lt. Donald Chase, Hyannis Fire Dept., and Anna Brigham, Site Plan Review Coordinator. Also in attendance were: Steve Haas and Arthur Cote for Cote Fisheries. Attorney Patrick Butler, Terry Whitemore, Dan Ojala for the Cape Cod Hospital. Attorney Peter Freeman, Donald Bain, and Dan Ojala for Ashley Manor. Michael Ward for Decorators Workroom. David Vivian and Chris MacCarrier for TeleCorp PCS. Meeting was called to order at 9:00 AM. Adjourned at 10:40 AM. SPR 086-98 Ashley Manor, 3660 Main Street (Rt. 6A), Barnstable(317/021.001) • Proposal: To legitimize an existing B&B with 6 guestrooms, plus add 2 guestrooms and 2 bathrooms in a 2-story addition at the rear of the Inn. This is a modification of a previous SPR approval. (See SPR 94-97) Attorney Freeman presented the proposal. Old Kings Highway denied the original application. Has septic system reports as per conditions of Site Plan Review approval. Complies with Title 5. Mr. Bain stated there is a covered shed on site used for trash barrels. • Planning questioned if the apartment will now be used for the B&B. The Applicant said yes. There will be no separate kitchen facility. Planning Staff Report to the ZBA will be changed to reflect this. • Health discussed Title 5. Apparently the report states the system can handle the additional flow, which falls with an exception under the Title 5 requirements. Health requested floor plans. Some of the rooms may be considered bedrooms under the restrictions even if they don't function as bedrooms. Trash container must be screened. Applicant stated the container has been there 12 years. Applicant must apply to Board of Health. Health will supply the Applicant with documents. • Engineering had no comments. • Building Commissioner read Fire Department comments. Applicant will comply with first two. Discussed square footage of structure and addition. Discussed building Code issues. • Conservation did not submit comments. • Attorney Freeman stated he is on the ZBA agenda in a couple of weeks. • APPROVED, plan was signed. 1 r . The Town of Barnstable Department of Health Safety and Environmental Services R� Building Division 367 Main Street,Hyannis MA 02601 Office: 508-8624038 Ralph Crossen Fax: 508-790-6230 Building Commissioner October 26, 1998 Attorney Peter Freeman 86 Willow Street Yarmouthport, MA 02675 Re: SPR 086-98 Ashley Manor, 3660 Main Street(Rt. 6A), Barnstable (317/021.001) Proposal: To legitimize an existing B&B with 6 guestrooms,plus add 2 guestrooms and 2 bathrooms in a 2-story addition at the rear of the Inn. Dear Attorney Freeman, The above referenced proposal was reviewed at the Site Plan Review Meeting of October 22, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance and forwarded to the Zoning Board of Appeals. Please be informed that a Building Permit is necessary prior to any construction. Upon completion of all work, a letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinance must be submitted. Also, all signage must be discussed with Gloria Urenas of this Division. Respectfully, Ralph Crossen Building Commissioner GRASS SWALES AND A WATER RUN OFF ON THE SITE. ARCHITECT: MED ARE PITCHED TOWARD NATURAL FENUCCIO & RICHMOND ARCHITECTS FLOWS ANTICIPATED. RICK FENUCCIO 923 MAIN ST. RT 6A YARMOUTHPORT, MA 026 5 PHONE: 362-8382 FAX: 362-2828 OCT 2 2 AO'LE BU;LDINC DEPT. r.7 OCT 7 1998 � p L' o8698 SITE` PLAN OF ASnl.JEY MANOR 3660 MAIN STREET BARNSTABLE, MA 02630 D ONALD J. BAIN, OWNER AISA 40 DATE: 2-12-98 SCALE: 1" = 20' b' ,ScB- Y. 70P REVISED: 9-22-98 ADDITION DIMENSIONS. MISC. ON SEPTIC. 20 0 20 40 60 Feet off 508-362-4541 fox 508 362-9880 I down cape engineering, inc. CIVIL ENGINEERS o LAND SURVEYORS 5 0� �0 939 main st. Yarmouth, ma 02675 Minutes of April 29, 1998 Appeal Number 1998-61 and Appeal Number 1998-62 Bain Board Members hearing this appeal were Gene Burman,Gail Nightingale,Richard Boy,David Rice,and Chairman Emmett Glynn. Attorney Peter Freeman represented the applicant,Donald Bain,who was present. Attorney Freeman requested and the Board agreed to have both appeals heard together. At the start of the hearing,Attorney Freeman reported to the Board that some abutter have written in opposition and Mr. Bain would like a continuance to allow him time to talk with the neighbors about their concerns. The Board agreed to continue Appeal Number 1998-61 and Appeal Number 1998-62 to June 03, 1998 at 9:00 PM. Note: New Board Members to be assigned. Attorney Freeman agreed to sign any extension of time that may be necessary. Appeal Number 1998-61 and Appeal Number 62 are continued to June 03, 1998 at 9:00 PM. Minutes of June 03, 1998 Appeal Number 1998-61 and Appeal Number 1998-62 Bain Board Members hearing these appeals were Gail Nightingale,Richard Boy,David Rice,and Acting Chairman Ron Jansson. Attorney Peter Freeman represented the applicant,Donald Bain. These appeals were continued from April 29, 1998(at the request of the applicant.) At the April 29`s hearing,the Board requested that the applicant go before Old King's Highway Historic District Committee. Acting Chairman Ron Jansson read a letter from Attorney Freeman dated June 02, 1998 requesting a continuance of these appeals. Attorney Freeman reported the applicant is still in the process of obtaining Old King's Highway Historic District Committee's approval. He went before them on May 27, 1998 and his application was continued until June 10, 1998. MOTION: Gail Nightingale A motion was made to continue Appeal Number 1998-61 and Appeal Number 1998-62 to August 12, 1998 at 8:00 PM and 8:05 PM. Seconded by Richard Boy VOTE: AYE: Gail Nightingale,Richard Boy,David Rice,and Acting Chairman Ron Jansson NAY: None Appeal Number 1998-61 is continued to August 12,1998 at 8:00 PM. Appeal Number 1998-62 is continued to August 12, 1998 at 8:05 PM. Minutes of August 12, 1998 Appeal Number 1998-61 and Appeal Number 1998-62 Bain Board Members hearing these appeals were Richard Boy,David Rice,Ron Jansson,Gene Burman,and Chairman Emmett Glynn. Attorney Peter Freeman represented the applicant,Donald Bain,who was present. These appeals were continued from April 29,1998 and June 03,1998. A letter from Attorney Freeman,dated July 28, 1998,requesting a continuance was submitted to the Board. Mr.Freeman was also present and addressed the Board. He reported the applicant is still in the process of trying to get approval from the Old King's Highway Historic District Committee and would like a continuance. It was unanimously decided to continue Appeal Number 1998-61 and Appeal Number 1998-62 to November 04,1998 at 8:30 PM. Note: Attorney Freeman will sign an extension of time for filing a decision. New Board Members to be assigned. Aft Lipman, Drummond & Freeman Attorneys at Law 86 Willow Street Yarmouthport,Massachusetts 02675 Stephen I. Lipman* Tel: (508) 362-4700 Tucker Drummond Fax: (508) 362.8281 Peter L. Freeman MEMORANDUM To: Barnstable Zoning Board of Appeals From: Peter L. Freeman, Esquire Subject: Appeals No. 1998-61 and 1998-62 Applicant: Donald J. Bain (Ashley Manor) Property Address: 3660 Main Street, Barnstable Assessor' s Map and Lot No: Map 317, Lot 021.001 Lot Size: 1 .86 Acres Zoning: RF-2 Groundwater Overlay: AP Aquifer Protective District Relief Requested: Appeal No. 1998-61: Special Permit Section 4-4.5 ' (2) expansion of pre-existing nonconforming use to allow renting of 8 rooms to 16 guests; or Section 3-1. 1 (3) (f) renting of 3 rooms to 6 guests. Appeal No. 1998-62: Variance Section 3-1. 1 (3) (F) (b) and (h) to allow more than a 3 bedroom bed and breakfast and to allow transferability of permit. Section 3-1. 1 ( 1) (A) to allow a bed and breakfast for up to 16 guests in up to 8 bedrooms. Background As to the building and property, the site is almost two acres. 1 •Also Admitted in Rhode Island and New York Boston Office:21 Custom House Street,Boston,MA 02110-3500 Telephone:(617)261-7800-Fax(617)261-7878 e Lipman, Drummond &. Freeman The main house has five guest bedrooms, all with private baths; there are working fireplaces in four of the five rooms. There are working fireplaces in each of the downstairs public rooms. The guest cottage also has a working fireplace. The owners quarters consist of two bedrooms and a bath in a separate wing, the servant' s quarters in earlier chapters of the building' s history. Physically, Ashley Manor is a unique property. It is historic, having . been built at least as early as 1720 with many additions over the years. It is on the National Register of Historic Places. Evidence of its age and history can be seen in the wide board flooring; huge open-hearth fireplaces, including one with a beehive oven; a native stone foundation; and a root cellar with hand-hewn timbers. The landscaping is also unique. Hidden behind huge privet hedges along Route 6A, Ashley Manor invites people in up a long sweeping driveway. Stately old trees abound. Graceful boxwood hedges wind their way throughout manicured lawns. A classic fountain garden and charming gazebo add to the sense of history that emanate from the setting. Ashley Manor fell on difficult times in the Depression. In the 1950 ' s, the owners apparently rented out rooms. During the 19601s, the house was restored by Betty Gailbreath, who traced her lineage (her maiden name was Hallett) to some of the early owners. The applicant, Donald J. Bain, and his then wife, purchased the property from D. Alan Tyson and Margaret Tyson for $615,000•.00 ($500, 000.00 for the real estate, and $115,000.00 for personal property and business covenants) on December 29, 1986 . Mr. Bain acquired it individually on July 16, 1996. Prior to the purchase by the Bains in December of 1986, Ashley Manor had been duly licensed as a Lodging House by the Board of Selectmen. See application by Margaret Tyson dated December 3, 1985 and Vote of Selectmen dated January 2, 1986, submitted with application. The Selectmen voted to transfer the Lodging House license from Margaret Tyson to the Bains on January 3, 1987 . See Vote of Selectmen dated January 13, 1987, submitted with application. Each and every year subsequently, Mr. Bain has obtained both a Lodging House License from the Barnstable Licensing Board, and a Permit to Operate a Food Establishment from the Barnstable Board of Health. See copies submitted with application. Site Plan Review and Parking The Site Plan went through Site Plan Review and was approved. See letter from Ralph M. Crossen, Building Commissioner dated 2 Lipman, Drummond & Freeman February 23, 1998, submitted with application. The parking for 10 cars (8 existing, 2 to be added) is sufficient. The information requested in Mr. Crossen' s letter (a septic inspection report .for the cottage, information on the use of the cottage, and information on the electric service to the cottage) was submitted to Mr. Crossen by Peter L. Freeman on March 5, 1998. See copy of cover letter to Mr. Crossen dated March 5, 1988; attached hereto. In addition, the applicant submitted a letter to Tom McKean of the Barnstable Board of Health dated April 23, 1998 from engineer Arne H. Ojala of Down Cape Engineering, certifying that the Title 5 septic system serving the main house was sufficient for 10 bedrooms and likewise, that the Title 5 system serving the one bedroom cottage is sufficient for more than the one bedroom, and that no upgrades or changes under the new Title 5 are required. ..A copy of said. letter was previously submitted to the ZBA. Special Permit Under Section -4-4 .5 (2) Prior to November 1987, the renting of rooms to no more than six persons was allowed as a matter of right in this district. As stated above, Ashley Manor was licensed and operated as a Lodging House in 1986, and the license was transferred to Mr. Bain in January of 1987 . He, and his predecessor Margaret Tyson, established the use of the property by renting of rooms to up to six persons prior to the zoning change in November 1987 . Therefore, the property is grandfathered as a pre-existing nonconforming use for the rental of rooms to up to six persons. The applicant is seeking relief pursuant to Section 4-4 .5 (2) of the Zoning Ordinance to expand that grandfathered use to allow the operation of a Bed and Breakfast for up to 16 guests in eight bedrooms, or in the alternative, for up to 12 guests in six bedrooms. The reasons why this would benefit the Town, and not be detrimental to the neighborhood, are as outlined in the following sections under "Variance Conditions" . The large size of this site, the favorable review by the Site Plan Review Committee, as well as the reasons stated under the "Variance Conditions" sections, all weigh in favor of the Board making the finding necessary under Section 4-4 .5 (2 ) , that "the proposed expansion, and/or intensification will not be more detrimental to the neighborhood" , as well as the finding that the requirements under Subsections (A) (B) (c) and (D) are met. 3 Lipman, Drummond & Freeman Therefore, the applicant submits that the Special Permit requested under Section 4-4 .5 (2) should be granted. Special Permit Under Section 3-1. 1 (3) (f) Granting the relief requested to allow the continued use of this bed and breakfast will clearly carry out the intent of Section 3-1. 1 (3) (f) , which is "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" . The applicant submits that Ashley Manor meets all the standards for a bed and breakfast and that the Special Permit requested, together with the variances from Subsections (b) and (h) of Section 3-1. 1 (3) (F) should be granted. Variance Conditions In order to establish the need for a variance, the applicant must show that "owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially effecting .such land and or structures but not effecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the applicant, and that desirable relief may be granted without substantial detriment to the public good-and without -nullifying or substantially derogating from the intent or purpose of such ordinance or by-law" . (emphasis added) See M.G.L.A. Chapter 40A, Section 10. 1. Circumstances relating to the soil conditions, shape, or land or structures and especially effecting such topography of such la p y g land or structures but not effecting generally the zoning district in which it is located The locus consists of an 81, 021 square foot parcel of land with a historic main house of 5,992 square feet, a cottage containing 500 square feet, and a shed of 250 square feet. It also includes the historic landscaping (privet hedges, boxwoods, ancient shade trees) described earlier. It is the historic structures, and the surrounding venerable old landscaping, that comprise the structures and topographical features which especially effect this 4 Lipman, Drummond & Freeman land but do not effect generally the zoning district in which it is located. It is the unique and high quality architectural design, with the historic features described earlier, combined with the manor-like setting described above, that make this property unique. 2 . A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise to the Petitioner or Appellant The hardship in this case relates directly to the topographical conditions and structures which make this property unique. Owing specifically to the unusual nature of the buildings themselves, including the fact that the square footage is as large as it is, the buildings are old and historic, and the large number of bedrooms and their layout is unsuitable for a single family residence, the literal enforcement of the zoning ordinance would be a significant hardship to the applicant because the failure to be able to rent six or eight guest rooms would pose a significant financial hardship and would prevent the applicant from being able to maintain the property. The property simply is not suited for a single family residence and its demise would be a significant loss to the town. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law The Town of Barnstable Zoning Ordinance specifically authorizes the Zoning Board of Appeals to grant use variances. Although such a grant is reserved for unique and special circumstances, the applicant respectfully submits that the case at hand is just such a unique situation, and merits the relief requested. The applicant would also point out that the variances, especially the one requested from the number of guest rooms allowed under the Bed and Breakfast Special Permit by-law, are really more for intensity of use, rather than use itself. This case is in fact very similar to other recent cases before the ZBA, where bed and breakfast operations at large historic structures had been operating for the last 10 to 12 years with proper Lodging House Licenses and Food Service Permits, but in fact in violation of zoning. This Board granted use variances to Fernbrook in Centerville, Beechwood Inn in Barnstable, and Honeysuckle Hill in West Barnstable. As in those cases, Ashley Manor involves a large and historic house not suited as a single 5 Lipman, Drummond & Freeman family residence, where the proven record of operation has not shown any detrimental effects on the neighborhood. Without getting into a lengthy debate with Mr. Edward O. Handy, Jr. , a neighbor who has expressed concerns in writing to this Board, suffice it say that he never previously complained to Mr. Bain; that he himself says that the use is primarily seasonal and on weekends; and that Peter Freeman spoke directly to Mr. Handy and offered to meet with him to address his concerns, but he refused to do so. In fact, Mr. Handy acknowledges that the property has been well-run under Mr. Bain. Further, the reality of the nature of the bed and breakfast use is that the great majority of guests leave after breakfast, are away for the day, and return in the late afternoon or early evening before going out to dinner. Usually, guests are back from dinner by 10:00 p.m. There is no constant in and out traffic. There are no parties, no blaring music, or other detrimental impacts. Conclusion In conclusion, Ashley Manor is a valuable asset to the town that helps provide a vital link to its past, while making an important contribution to a hospitality-oriented economy. Especially along historic Route 6A, the operation of Ashley Manor as a six or eight guest bedroom is not a detriment to the neighborhood. Denying the relief requested would create a severe financial hardship that would seriously contribute to the demise of this property. Based on all of the above, the applicant submits that the requested relief should be granted. Respectfully submitted, Peter L. Freeman, Attorney for Applicant, Donald J. Bain C:Ashley.Maror 6 Lipman, Drummond & Freeman Attorneys at Law 86 Willow Street Yarmouthport,Massachusetts 02675 Stephen L Lipman* Tel: (508) 362-4700 Tucker Drummond Fax: (508) 362-8281 Peter L. Freeman March 5, 1998 Mr. Ralph Crossen, Building Commissioner TOWN OF BARNSTABLE Town Hall Hyannis, MA 02601 Re: Donald Bain - Ashley Manor 3660 Main Street, Barnstable Dear Mr. Crossen: Following up on your Site Plan Approval letter dated February . 23, 1998, enclosed you will find the following: 1. Septic Inspection Report from Troy Williams; and 2 . Copy of Assessor' s Office Field Card for the parcel (2 pages) . Please note that the second page of the Field Card shows. the cottage with a date as I read it of 1970 . As to the easement language to be noted on the plan regarding the electrical service to the cottage, my investigation at the Registry of Deeds and with Commonwealth Electric indicates that . there is no easement. Commonwealth Electric (a Claudette Moses) told me that the electric service to the cottage is from a company owned pole on the adjacent lot (Pole No. 3/166B, which is the second pole in off the street) , and that the service is fed underground to the cottage. The pole was set by Commonwealth Electric in 1972 . Therefore, there is no easement language to be shown on the plan as best as I can determine. If you have any questions, please give me a call. Thank you for your assistance in this matter. Very truly yours, PETER L. FREEMAN PLF:njn- cc: Donald Bain C:Aahley Manor Y •Also Admitted in Rhode Island and New York Boston Office:21 Custom House Street,Boston,MA 02 l 10-3500 Telephone:(617)261-7800-Fax(617)261-7878 y QUITCLAIM DEED WE, 0. ALAP! TYSON and MARGARET TYSON, of 3660 Main Street-, Barnstable, Massachusetts For consideration paid and in full consideration of FI:� hJUNDRED THOUSAND and 00/100 ($500,000.00) DOLLARS U. BAIN and FAY ROSEN, as tencnts in common o° 3660�Main 9SStreet.. Barnstable, Barnstable County, Massachusetts 02630 with QUITCLAIM COVENANTS The land in Barnstable, Barnstable Count;', Massactiusetts, bounded and described as follows: and 191100 (303.19) feet; h`-� and 10/100 NORTHWESTERLY by Lot 10, two hundred e'_g..* tT- (284.10) feet; 9 now or Formerly of Alice �! NORTHEASTERLY by a portion hundred thirty-eight and 05/100 ; 1 S. H� , i i! 05) feet; and S0UT EA EITLY one hundred nine f et, and ' tt -liS"Tfr2tY----txentY�etgtrt- t l All of said boundaries are deter-aired by the Court to be located as shown on subdivision plan 34901-B dated April 201 i 1976. drawn by Eldredge Engineering Co.., Inc. , Surveyors, and filed in the Land Registration Office at Boston, a copy �f i which is filed in Barnstable County Registry of Deeds in Lend which is file ,Book 372 Page 26 with Certificate of Title No. 46736 and said land is shown thereon as Lot 11. Subject to all easements, and covenants, restrictions, other matters of record insofar as same may still be in force and effect. r _- STEVEN I PIZZIITI •':.. .. . An-" At LAw ._ It t t c. - wt 21, JL at' 07;f on, ,o7, DX#t 671.557 07-19-1996 02159 CTF#=141421 BBtNSTHBLE LRND COURT REGISTRY DI5T t DEED We, Donald J. Bain and Fay Rosen Bain, also known as Fay Rosen, of Barnstable, Barnstable County, Massachusetts, in consideration of an equitable division of marital assets in accordance with Ch. 208, §34, Barnstable Probate and Family Court Docket No. 96-1124-DV, grant to Donald J. Bain, of 3660 Main Street, Barnstable, Barnstable County, Massachusetts, with QUITCLAIM COVENANTS the land with the buildings thereon, situated in Barnstable, Barnstable County, Massachusetts, bounded and described as follows: SOUTHWESTERLY by State Highway (Route 6A) , three hundred three and 19/100 (303.19) feet; 0 NORTHWESTERLY by Lot 10, two hundred eighty-four and .. 10/100 (284.10) feet; NORTHEASTERLY by a portion of Lot 9 and a portion of landnow or formerly of Alice s. Handy, two hundred thirty-eight and 05/100 (238.05) feet; and SOUTHEASTERLY one hundred nineteen (119) feet, and NORTHEASTERLY twenty-eight and 28/100 (28.28) feet, and SOUTHEASTERLY two hundred twelve and 27/100 (212 .27) feet, all by said.Handy land. All of said boundaries are determined by the Court to be located as shown on Subdivision Plan 34901-B dated April 20, 1976, drawn by Eldredge Engineering Co. , Inc. , Surveyors, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 372, Page 26, with Certificate of Title No. 46736 and said land is shown thereon as Lam. ' r r 1• For our title, see Certificate No. 109495 and recorded with the Registry District of Barnstable County, Book 895, Page 55. Said land is subject to encumbrances of record in so far as they are in force. WI or nds and seals this CGS day of G? 1996. ?Fay se , a k a Dona J. n Rosen COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss �G 1996 Then personally appeared the above-named Fay Rosen Bain, a/k/a Fay Rosen, and acknowledged the foregoing instrument to be her free act and deed, before me, Notary ublic /1 �� My com ission expires: COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss WA 1996 Then personally appeared the above-named Donald J. Bain and acknowledged the foregoing instrument to be is free act and deed, before me, Notary ublic My Comm ssion expires: BARNSTABLE COUNTY REGISTRY OF DEEf)S ATR,_i .:npy,;uTTi:'S"r ,�Q _�PEGISTER BARNSTABLE REGISTRY 0'• T Zoning Board of Appeals Minutes of October 21, 1998: Appeal Number 1998-121 and Appeal Number 1998-122 Roberts Board Members hearing this appeal were Richard Boy,Gail Nightingale,Gene Burman,David Rice,and Chairman Emmett Glynn. James Roberts represented himself before the Board. Mr.Roberts requested and the Board agreed to have these appeals heard together. Mr. Roberts reported that he,and his wife Eleanor,own the business known as Nantucket Sound and they own the property on which it is located. They have been operating the business since 1981 at this location,and for 10 years prior at another location. Both the business and the use are pre-existing nonconforming. The applicants are proposing an addition to the building to accommodate car stereo installation,shipping,receiving,and to expand their storage space. Currently,the car stereos are installed outside(on a cement pad)and during inclement weather, the worker has to go to another site to do the work. As to the requested relief,Mr.Roberts explained the lot is nonconforming. There is only%feet between the Nantucket Sound building and the adjacent building and with this proposed addition,that will be further reduced to 5 feet. The proposal was before Site Plan Review and received approval on September 29, 1998. One of the conditions of the approval was that one curb cut be eliminated and Mr.Roberts said he has applied to the MA Highway for permission to do the work. The lot is currently 97.6%impervious and will be reduced to 90%impervious with the additions of plantings and the removal of hardtop. Also,in the front of the building there will be a handicapped ramp making the store wheelchair accessible. Mr.Roberts submitted a letter from Morton Sigel,Tekscan,Inc.,who owns the building adjacent to the Nantucket Sound building. The letter states, "I have no objection to the construction taking place." Mr.Roberts also submitted a list of the improvements to the Nantucket Sound building,and the elevation plan. As to unique conditions pursuant to Chapter 40A, Section 10,Mr.Roberts stated the work is already being done at a location down the street and he must pay rent for the use of that building. This is a hardship to the applicant. They are storing material off site and by using some of this proposed space for storage,the number of vehicle trips to and from the site will be reduced. Mr.Roberts indicated that the relief may be granted without substantial detriment to the public good because he is already doing this work-just outdoors. A literal enforcement of the provisions of the Zoning Ordinance would involve a financial hardship in making Mr. Roberts continue to pay for storage space at another location. Mr.Roberts reviewed the area where the addition will be located. This spot was chosen because the concrete pad already exists;he owns this portion of the land;and he can maintain his parking. Also,loading and unloading of merchandise from trucks can be done directly into the building without having to go through the retail part of the store. It was determined that part of the site is leased from the Enoch T.Cobb Trust. The Board had questions about the terms of the lease and requested a copy of the entire lease be submitted to the file. Mr.Roberts stated the addition is not going to be built on the leased portion of the site. There was also a discussion as to what land is owned by the. applicants. The Board requested all deeds be provided for their review along with the tax bills. The Board requested a copy of the curb cut appliCation(s)which Mr.Robert's submitted to MA Highway Department. They also requested a copy of any and all easements that relate to this property. It was unanimously decided to continue Appeal Number 1998-121 and Appeal Number 1998-122 to November 04, 1998 at 9:00 PM. 1 f Town of Barnstable Zoning Board of Appeals Notice of Public Hearing Under The Zoning Ordinance for November 04, 1998 ;. {3 4 To all persons interested in,or affected by the Board of Appeals under Sec. 11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that: 7:30 PM Bridges Appeal Number 1998-123 Charles Bridges has petitioned to the Zoning Board of Appeals for a Special Permit for a Family Apartment pursuant to Section 3-1.1(3)(D)of the Zoning Ordinance. The property is shown on Assessor's Map 153,Parcel 004.003 and is commonly addressed as 47 The Plains Road North,West Barnstable,MA in an RF Residential F Zoning District. 7:45 PM Rigatuso Appeal Number 1998-124 Guiseppe Rigatuso have petitioned to the Zoning Board of Appeals for a Special Permit for a Family Apartment pursuant to Section 3-1.1(3)(D)of the Zoning Ordinance. The property is shown on Assessor's Map 292,Parcel 036 and is commonly addressed as 25 Franklin Avenue,Hyannis,MA in an RB Residential B Zoning District. 8:00 PM Ortenzi Appeal Number 1998-125 Richard&Mary P.Ortenzi have applied to the Zoning Board of Appeals for a Variance to Section 3-1.4(5)Bulk Regulation-Minimum Lot Area. The applicants wish to re-establish the development rights of a vacant parcel that has merged with their house lot. The roe is shown on Assessor's Ma 027 Parcels 040 and 042 respectfully addressed as g property rh' P P Y 929 Santuit-Newtown Road and 30 Chippingstone Road,Marstons Mills,MA in an RF Residential F Zoning District. 8:15 PM Wilson Appeal Number 1998-126 Ronald Wilson has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 44.4(2) Nonconforming Buildings or Structures Not Used as Single or Two Family Dwellings. The petitioner proposes to construct an addition of 1,200 square feet onto a pre-existing nonconforming structure housing a gift and quilting shop known as"Tumbleweed". The property is shown on Assessor's Map 216,Parcel 029 and is commonly addressed as 1919 Main Street/Route 6A,West Barnstable,MA in an RF Residential F Zoning District. 8:20 PM Wilson Remand of Appeal Number 1997-13 By Order of Stipulation of the Parties,Appeal Number 1997-13 has been remanded to the Zoning Board of Appeals in which Ronald Wilson appealed to the Zoning Board of Appeals for a Special Permit pursuant to Section 4-4.5(2) Expansion of a Pre-Existing Nonconforming Use. The Special Permit is for the expansion of classes in quilting,sale of quilting and sewing equipment and retail gift shop known as Tumbleweed. The property is shown on Assessor's Map 216, Parcel 029 and is commonly addressed as 1919 Main Street/Route 6A,West Barnstable,MA in a RF Residential F Zoning District. These Public Hearings will be held in the Hearing Room;Second Floor,New Town Hall,367 Main Street,Hyannis, Massachusetts on Wednesday,November.04, 1998. All plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable,Planning Department,230 South Street,Hyannis,MA. Emmett Glynn,Chairman Barnstable Patriot Zoning Board of Appeals 10/15/98& 10/22/98 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION MaParcel 1 ' 0 0 � Application OD3 p # Health Division Conservation Division' Permit# Tax Collector Date Issued �1 L{ Treasurer Application Fee Planning Dept. P mit Fee Date Definitive Plan Ap PI nning Board Historic-OKH reservation/Hyannis 7 1 Project Street Address 3660 Village ns+«Li Owner Vi n c e.A-i- 1 o re-h,0 Address Se,M e Telephone �D � 3 0 - po q 7 Permit Request Stro ro o-� apPr*X _ c,Oqd eS -} 6'e f'oo Q � Square feet: 1 st floor:existing proposed 2nd floor:existing proposed tw. Total new Zoning District Flood Plain Groundwater Overlay -4 - Project Valuation ®� Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting docum ntation.� _m Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: X 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# Current Use Proposed Use BUILDER INFORMATION Name. e_J e-kA RoA-�fl Telephone Number 60 Address �- QoX 6�h License# 0 Home Improvement Contractor# l 5 Worker's Compensation# b i,A 666 a g 6 6 IS" ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO Ca S llet U441f A . SIGNATURE / DATE 113 0 )07 FOR OFFICIAL USE ONLY I PERMIT NO. DATE ISSUED - MAP/PARCEL NO. r~ ADDRESS VILLAGE OWNER. DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL . PLUMBING: ROUGH FINAL ` GAS: ROUGH - FINAL FINAL BUILDING n DATE CLOSED OUT ASSOCIATION PLAN NO. - /05/2006 TUE 12:44 FAX 508 564 5531 BOUCHIE INSURANCE 191 OOL/OOI. 5 AaO PD7M CERTIFICATE OF LIABILITY INSURANCE DATE 120 0.iV 12/01I2006`,- PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Robert E. Bouchie Jr. Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE . 1352 Rt 28A HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND d ` ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 400 Cataurnet, MA 02534-0400 INSURERS AFFORDING COVERAGE NAIC# INSURED Kettei Inc INSURER A: ESSEX INSURANCE CO 5 Bob White Lane INSURERS: SAFETY INSURANCE CO Sandwich,MA 02563 INSURERc: GRANITE STATE INS CO INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 00'L POLICY EFFECTIVE POLICY EXPIRATION 1 POLICY NUMBER LIMITS A GENERAL LIABILITY 3CU9482 07/28/06 07/28/07 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY _DAMAGE O E ED PREMISE Ea rence $ 50 000 CLAIMS MADE OCCUR MEDEXP Any one person) $ 1,000 PERSONAL&ADV INJURY _ $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2000000 POLICY JErT PRO LOC n, B 4 AUTOMOBILE LIABILITY `3,948402 08/12/06 08/1 2/07 COMBINED SINGLE LIMIT !i ANY AUTO _ (Ea accident) $ 1,000,000 ] ALL OWNED AUTOS X SCHEDULED AUTOS I BODILY INJURY $ (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) i GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ T DLDUCTIBLE $ RETENTION $ $ `' WORKERS COMPENSATION AND NOA#000296615 11/3/06 11/3/07 X WC STU- OTH- E0.IPLOYERS'LIABILITY ANY PROPRIETORIPARTNERrEXECUTIVE E.L EACH ACCIDENT $ 100,000 OFFICERIMEMBER EXCLUDED? If"S,describe under - E.L DISEASE-EA EMPLOYEE $ 100,000 SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT OTHER $ 500,000 1 I DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION AIeXa Kelly DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 20 Paradise Road NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO$0 SHALL Chatham, MA 02633 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESEN S. AUTHORI D ENT V o ACORD 25(2001108J 0 ACORD CORPORATION 1988 x d a Bard of Building Regula ®ns aid Standards One Ashburton Place m Room 1301 m Boston. Massachusetts 02108 o n Home ImproveMent Contractor Registration : 0 g Rag€stratl0n: 140657 `" TYPO: DBA N KETTELL ROOFING E:ys6ratl�n: 11/10/2007 D JUSTIN KETTELL Z PO Box 559 SA"'"p'MORE, MA 02561 t D 2 � lj to Addrm and�s.ca4 � �a�-ua.as• ra car&Mat ream fop Cbaaslp� N ® p Addrm ❑ Renewal p E-W-Y t p LM c.,d U,IT,IT 09-1c 11 ROOMMOV'A SIDING WWW.KETTELLINC.COM r4Tr�c,`4 + 1rt�t� �areha SO$ - 31a pdyq y19 /07 64rn.4" My , dY.o 0 x 1aec:{�cf e� 410a � k OvlAye } Allnq X Ref« S X X X Y Sce .iot for Spec I'nS �rv(,4,'phS' ck c% +(Clk in� wor sR-' 't 6 � yo .op hove ►k4 � fY �'41 ferm4- 1'„c.1vd f..d - Ad � a160 1er,.c�S t k r-e-x.;,►1 90 Mph, - Aa3, 700 ,oa . a3,9ys. o� o qI� 1 � 7 P.O. Box 670 • SAGAMORE BEACH, MA 02562 • TEL: 508-SSB-3744 LICENSED AND INSURED ' The Commonwealth ofMassachusetts Department of In du stria lAccidents Office oflnvestigations ' a 600 Washington Street Bostors,MA 02111' wr*.mass.govldia ' Workers'Compensation Insurance Affidavit: Builders/Contractors/Eleetricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organizationadividual): fi it �o d S Address: S City/State/Zip: � ® iL Bead o; . .Sr-'Phone.#: .Sra�' eye - 3 to Are you an employer?Check the appropriate bog: :Type of project(required):. 1, I am a employer with � 4. [� I am a general contractor and I • 6. El New construction . employees (full and/or part-time),* • have hired the sub-contractors 2.❑ I am a'sole proprietor or partner- listed on the'attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g. Demolition working for me in any capacity. employees and have workers' 9. Building addition [No workers' comp.insurance comp, insurance. $' 5. We are a corporation and its 10.❑•Electrical repairs or additions required.] 3.❑ 1 am a homeowner doing ill-work . officers have exercised their 11.[]Plumbing repairs or additions myself.[No workers'comp. right of exemption per MGL 12,©Roof repairs insurance.required.]t c. 152, §1(4),and we have no employees. [No workers' 13.❑Other comp,insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. f Homeowners,who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such. #Contractors that check this box must attached an additional sheet showing the name of the sub-contractors slid state whether ornot those entities have employees. If the sub-contractors have employees,they must provide their workers'comp,policy number. I qm an employer that is providing workers'compensation insurance for my employees. Below fs.the policy and job site' information. Insurance Company Name,. ��`�'���� sf`� � .1-RS�Ic�•� rZ (-M Policy#or Self-ins.Lic.#: /W -• ©,®ea 9 6 61 J Expiration Date; ld ��'.�`S 17 Job Site Address: 3 b 6 U b City/State/Zip: Attach a copy of the workers' compensation policy declaration page'(showing the policy number and expiration date), Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK.ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the-Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under ,t(hg paf°ns d penalties of perjury that the information provided above is true and correct l� Date; Signature — Phone# s-08 --T g g-3 1 Ll�( Q tr-!al.use only. Do not write in this area, to.be completed by.city or town of City or Town: ' .Permit/License# Issuing Authority(circle one): .-I,Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: inyormation ana instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hiie, express or implied, oral or written." employer" defined as "an individual partnership,assodiatio corporation or other le�al entity,or any two or more An � ,P p, � rP of the foregoing engaged in a joint enterprise,and including the legal representatives of -deceased employer,or the receiver or trustee-of an individual,partnership,association or other legal entity,empl . g employees. However the owner of a dwelling house havin\�25C(7)staies than three apartments and who resides th ein,or the occupant of the dwelling house of another who esons to do maintenance,construction or epair work on such dwelling house or on the grounds or building appereto shall not because of such emplo ent be deemed to be an employer." . MGL chapter 152, §25C(6)also "every state or local licensing agency shall withhold the issuance or renewal of a license or germit t business or to construct bnildin in the commonwealth for any applicant who has not produceble vidence of compliance with t e insurance coverage required." AdditionaIly,MGL chapter-152, lates `Neither the commonwealth i any of its political subdivisions shall enter into any contract for,tht perfamiance of c•work until acceptable epee of conipliarsce with the insurance requirements of this chapter have been presented'to contracting authon ." Applicants Please fill out the workers'compensation affidavit comp tely,by the g the boxes that apply to your situation and,if necessary,supply sub-contiactor(s)name(s),address(es)an hone n ber(s) along with their certificate(s)of insurance. Limited Liability'Companies(LLC)or Limited Li. ility P erships(LLP)with no employees other than the members'or partners,are not required to carry workers' compe atio insurance. If an LLC or LLP does have employees,a policy is required. Be advised that ibis affidavit ma submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure t ign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit.o lic se is being requested,not the Department of Industrial Accidents. Should you have any questions regarding law' if you are required to obtain a workers.' compensation policy,please call the Department at the number ' ted belo Self-insured companies should enter their self-insurance license number on the appro iiate'line. City or Town Officials Please be sure that the affidavit is complete'and printed legib The Department provided a space at the bottom of the-affidavit for you to fill out in the event the Office of estigations has to con ct you regarding the applicant. Please be sure to fill in the permit/license number which ' be used as a reference n or. In addition,an applicant that must submit multiple permit/license applications in given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Ad ess"the applicant should write\`\`all locations in (city'or town)."A copy of the affidavit that has been officially s ed or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for fu a permits or licenses. A new affidavit must be idled out each year.Where a home owner or citizen is obtaining a lic a or permit not related to any busmes' or commercial venture (Le.a dog license or permit to burn leaves-etc.)said p son is NOT required to complete this affi i vit The Office of Investigations would like to thank yo in advance for your cooperation and should you have any questions, please do not hesitate tc give us a call. The Department's address,telephone-and fax n er:. o €? or edit of M rl�a=tts l� ent of Industrial i Accide its Me of bvesttgaittoea 604 yawngtoli S.tmet Boaton-,.MA 02111 • . gel:#617-727-400 ext 406 or 1- -MASSAFE Fax#617-727-774.9 Revised 11-22.06 w .n2$SS.gEbv/Cia YOU WISH TO OPEN A BUSINESS? For Your Information: Business Certificates.cost$30.00 for 4 years. A Business Certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L. - it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, 1st FL., 367 Main Street, Hyannis, MA 02601 (Town Hall). DATE: A � & v Fill in please: APPLICANT'S YOUR NAME: Ve^I Lit-IL( J 9��0 BUSINESS YOUR HOME ADDRESS: Z d �0 TELEPHONE # Home Telephone Number: 3 a—P 9 Y ._.......:,::» 5ac!;;!:'::x�:;:.9a_:i ,�,,;x;.=.!s:i::; m:::;r';»�.e.n!i.rr .r ». .. .. .,.... �. .. r r � ,..._..r... ...:. ..............t!,x.. � ..... ....,...... .,Il:r r ..11 _..1_tl,.,1...1 �!..._.._.._,......_... , r.. �.�. ,..v.v,-..v1.... _ : .v... ......... ........... r R..__v._v.9 v5.........l:vr.h1 ...._.v..._. r..r.....,...r ...... 111 I 111 .. t ,... ._..t .-. 1 ....r�.,•. .. .......__.._ .,...u•,.....: .._...._,.u.,.. v.......r ...,. 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When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. —(corner of Yarmouth Rd. &Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIONER'S OFF I E This individual has been inform f any permit requirements that pertain to this type of business. Authorized Signature'* COMMENTS: 2. BOARD OF HEALTH This individual =ir(�oedof the ermit re uirements that pertain to this type of business. Authorized ignature" COMMENTS: 3. CONSUMER AFFAIRS (LICENSING AUTHOzna�r TY)eninf dofThis individual h th rements that pertain to this type of business. Authorized Signature** ' COMMENTS: IUA Z:Lw� •' I Town of Barnstable *Permit# R Expires 6 mouths from issue date 1 X-PRESS PERMIT Regulatory Services Fee ,$as.op Thomas F.Geiler,Director o, MAR 2 9.2006 �� , Building Division TOWN OF BARNSTABLE Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us ' Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number-31 ®a/0 0 f Property Address 3 tf a Ik/�-c N X Residential Value of Work -,�y /-/Op. 8 g Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address l/t, tq (.E�� Contractor's Name t5L4.4 w ua Do w-1 Telephone Number\"(f- Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: ❑J am a sole proprietor am the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy# Copy of Insurance Compliance Certificate must be on file. Permit Request,(check box) ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side Replacement Windows. U-Value (maximum.44) *Where required: Issuance of this pemvt does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. Home Improvement Contractors License is required. —�SIGNATIIRE• Q:Forms:expmtrg Revise071405 V C\ —._. Pre-Install Checklist Customers Name: g Date: 3 / o 200 6 Install Windows/Doors Glass/Frame Options: Installed by Pella Yes eNo 0 Insulated Argon gas,Low-E Yes Clio 11 \ Aluminum clad exterior Yes ❑ No B"� Designer Series,Low-E,No gas Yes ❑ No Wood exterior Yes .20&o ❑ Exterior clad color Yes ❑ No o!'' X Sign here: X Sign Here: Product Line: Interior: Architect Series (bonded exterior/interior Unfinished Yes ❑ No C grills)Yes Poo ❑ Primed Yes ❑ N�� ❑ Architect Series Classic(removable interior Painted Yes A10 ❑ Color o vf_ grills or no grills)Yes ❑ No 0 Stained Yes 0 No Color Designer Series (ability to have interior blinds and/or grills)Yes ❑ No ❑ X Sign Here:, 040 Proline(standard sizes/colors only)Yes ❑ No ❑ Screens: Yes o 0 Screen Type 'kg J.�'- X Sign Here: ; Hardware color: ( ,a s r Interior Trim Yes ❑ No 0 Muntin(grills).Yes o 0 Trim Style Pattern:Draw Please Exterior Trim Yes ❑ No 0 Trim Style Frame Expanders Yes ❑ No C� X Sign Here: Historical/Condo ! Approval Needed:Yes &4o 0 Customer will get approval Yes B40 ❑ Projected Date Comments: i' Total # of Windows! : 'Vvt �., X Sign Here: Doors m Customer(s): sign X: Sales Representative: X ®.J Verification Approval By X The Commonwealth of'Massachusetts Department of Industrial Accidents ®ice of Investigations 600 Washington Street Boston, MA 02111 www mas&gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): V r rq c,—_ r ( j wtnio c,-i1�i�'i`�2 i 'J Address: 3660 1 ni City/State/Zip: Phone 3 6,;�- -P Y y Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑ New construction employees (full and/or part-time).T have hired the sub-contract#s 7. [1 Remodeling 2.El am a sole proprietor or partner- listed on the attached sheet ship and have no employees These sub-contractors have S. ❑ Demolition working for me in any capacity. workers' comp. insurance. 9. ❑ Building addition [No workers' Comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10.❑ Electrical repairs or additions 3�I am a homeowner doing all work right of exemption per MGL 11.❑ Plumbing repairs ®� additions myself.[No workers' comp. c. 152, §1(4),and we have no 12.❑ oof repairs insurance required.] t employees. (No workers' 11 comp.insurancerequired.] 13: Other LU{nGOW5 *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information.' t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such lContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy anal,fob site information. Insurance Company Name: Policy#or Self-ins.Lic. #: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration,date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,50Q.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby ce ;fy der the pains andpenalties of perjury that the information provided above is true and correct; Si afore: Date: Phone#: Sty 3 Official use only. Igo not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority (circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector S.Plumbing Inspector 6. Other j Contact Verson: ?hone#: Information and. Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as "an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the . receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor anyof its political subdivisions shall enter into any c, tract for the performance of public work until acceptable evidence of compliance with the insurance requirements of -chapter have been presented to the contracting authority." % 1 Applicants Please fill out the worker ' compensation affidavit completely,by chec ' g the boxes that apply to your situation and, if necessary,supply sub-contr tor(s)name(s),address(es)and phone ner(s)along with their certificate(s) of insurance. Limited Liability Companies (LLC)or Limited Liabiity P erships(LLP)with no effiployees other than the members or partners, are not required to carry workers' compensatio insurance. If an LLC or LLP does have employees,a policy is required. 13e advised that this affidavit may a submitted to the Department of Industrial Accidents for confirmation of insurl�ce coverage. Also be sure o sign and date the affidavit. The affidavit should be returned to the city or town that the application for the perm or license is being requested, not the Department of Industrial Accidents. Should you have\any questions regarding the law or if you are required to'obtain a workers' compensation policy,please call the Department at then er listed below. Self-insured companies should enter their self-insurance license number on the appr4riate line. City or Town Officials . Please be sure that the affidavit is complete and p ' ted legibly. The Department has provided a space at the bottom. of the affidavit for you to fill out in the event the O ice of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number whi will be used as a reference number. In addition,an applicant that must submit multiple permit/license applicatippns in y given year,need only submit one affidavit indicating current policy information(if necessary)and under"Jo. Site Addy s"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been off cially stamp or marked by the city or town maybe provided to the applicant as proof that a valid affidavit is on file for future p irs or licenses. A new affidavit must be filled out each year.where a home owner or citizen is obtaining a license or p t not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc')said person is NOT r uired to complete this affidavit. The Office of Investigations would likexo thank you in advance for your operation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone / d fax number: The Commonwealth of 1i/lassachusetr Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, IAA 02111 Tel. L 617-727-4900 ext 406 or 1-877-I ASSAFE Fax # 617-727-7749 Revised 5-26-05 vWw.Mass.goWpia Town of Barnstable Regulatory Services 9a"MBM nss. Thomas F. Geiler,Director 1639. ♦� 'Eo►�'�" 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 June 24, 2004 Paul R. Tardif, Esq. 490 Main Street Yarmouth Port, MA 02675 Re: SPR 044-04 Ashley Manor, 3660 Main St., Barnstable, (R317-021-001) Proposal: Application for new Special Permit to operate established B&B Dear Attorney Tardif; Please be advised that the Building Commissioner has approved the aforementioned site plan review application on this date. You have informed this office on behalf of Vincent Toreno and Patricia Martin that no changes to the existing operation or facility are proposed and as such, the Commissioner has referred this matter to the Board of Appeals for a new Special Permit under Section 3-1.4 (3) (G) Conditional Uses -Bed and Breakfast. ,Zcerely, �wt, utrc,�Robin C. Giangregorio Zoning & Site Plan Review Coordinator • Town of Barnstable , Zoning Board of Appeals 2" ` '°R ^3' "' o. Decision and Notice Callahan Appeal 2001-23 - Transfer Special Permit 1998-61B Appeal 2001-24 - Transfer of Variance 1998-62B Summary:, Granted with Conditions Petitioner: Kathryn A.Callahan, (Callahan&Associates,Inc.) Property Address: 3660 Main Street,Barnstable,MA Assessor's Map/Parcel: Map 317,Parcel 021.001 Zoning Residential F-2&-Aquifer Protection Overlay District Relief Requested&Background The applicant seeks to transfer the existing Ashley Manor Bed&Breakfast Special;Permit 1998-61B coupled with Variance 1998-62B to allow a 6 room, 12 guest bed and breakfast. The permit and variance when issued to Donald J.Bain conditioned that they not be transferred without permission from the board. The property consists of approximately 1.86 acres located on Main Street (Route 6A) in Barnstable Village. It is improved with a 5,394 sq.ft.two plus story wood frame dwelling,a 616 sq. ft. cottage and a • 220 sq. ft. shed. According to assessor's records,the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private septic system. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 05, 2001. An extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 14, 2001, at which time the Board found to allow the transfer of Special Permit 1998-61B and Variance 1998-62B from the name of Donald J.Bain into the name of Kathryn A. Callahan, (Callahan&Associates,Inc.) Board Members deciding this appeal were Tom DeRiemer,Dan Creedon, Gail Nightingale, Richard Boy, and Chairman Ron S.Janson. Attorney David Leitner represented the applicant,who was also present. He explained that the request was one to allow for the transfer of the special permit and variance to allow the applicant to operate the business. The applicant would abide by all of the conditions of the special permit and variance in place today. The Board discussed the request and determined it was a simple transfer of the permits and that no new development activity nor operational changes were contemplated by the transfer. The public was invited to speak and no one spoke in opposition or in favor of the request. Findings of Fact: • At the hearing of March 14, 2001,the Board unanimously found the following findings of fact: • 1. The applicant is Kathryn A. Callahan, (Callahan&Associates,Inc.). The property is addressed as 3660 Main Street, Barnstable, MA,Assessor's Map 317,Parcel 021.001. It is zoned Residential F-2. 2. The applicant seeks to transfer the existing Ashley Manor Bed&Breakfast operation at 3660 Main Street. That business is operating under an existing Bed.&Breakfast Special; Permit 1998-61B coupled with Variance 1998-62B-a variance to Maximum Number of Rooms. Together they allow for a 6 room, 12 guest bed and breakfast. The permit and variance are presently issued to Donald J.Bain. 3. The proposal fulfills the spirit and intent of the Zoning Ordinance and of the permit and variance issued. It would not represent a substantial detriment to the public good or the neighborhood affected if the transfer were allowed in that no new development nor any changes to the existing permit/variance. 4. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the transfer of Special; Permit 1998-61B and Variance 1998-62B to Kathryn A. Callahan, (Callahan&Associates,Inc.) with the stipulation that all condition of the previously issued permit and variance remain in effect. The vote was as follows : AYE: Dan Creedon,Tom DeRiemer,Richard Boy, Gail Nightingale, Chairman Ron S.Jansson NAY: None Ordered: Appeals 2001-23 and 24 grant the transfer of Special;Permit 1998-61B and Variance 1998-62B to Kathryn A. Callahan, (Callahan&Associates, Inc.). 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 pursuant to MGL Chapter 40A,Section 17,within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. _ . MTV 3j2'1�0� Ron S.ja(sso0chairman 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 een filed in the office of the Town Clerk. Signed and sealed this y o un ,de he pains and penalties of perjury. Linda Hutchenrider, Town Clerk 2 JAN �i 0 2001 J 'gNaw w C6Ashwwwwar'w �� AFFIDAVIT Donald Bain being duly sworn, deposes and says: 1. He is the owner of Ashley Manor, a Bed and Breakfast, located at 3660 Main Street, Barnstable, MA (the "property"). 2. As such owner, he is required b a decision of the Zoning Board of q Y g Appeals of the Town of Barnstable to file an affidavit with the Building Commissioner of the Town annually in the month of January. 3. The property is his principal residence and that he is in residence at all times that the Bed and Breakfast is being operated in not more than six room to not than twelve lodgers at any one time. Before me came Donald Bain who swore the accuracy of the above statement. G (/L9f2oC/ Anne M. Walther-Notar.v My Commission Eores4 4l a0o7 -: /l.� � `,��� � , I �� { � � 1 AFFIDAVff. a Donald Bain being duly sword, deposes and says: 1. He is the owner- of Ashley Man.r, a Bed and Breakfast, located at:3f60 �=-- r-7Mae.Sti�et;Bamstab°le;fMA!(tlie'"' erty") 2. As such owner, he is required by a decision of the Zoning Board of Appeals of the Town of Barnstable to file an affidavit with the Building Commissioner of the 'Town annually in the month of January. 3. The property is his principal residence and that he is in residence at all times that the Bed and Breakfast is being operated in not more than six room to not than twelve lodgers at any one time. O)j Before me came Donald Bain who swore the accuracy of the above statement. NANCY POPLASKY Notary Public Commonwealth of Massachusetts My Commission Expires January 26, 2001 Commonwealth of Massach etts Sa table S.S. on this day o � ovally ay.. .. die ove name --- _ Who acknowledged the foregoincg?rstjurnent to be KrAer tree act and deed, THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I M ^C&L DATA 1999 a . s r r a M1 ° (t; r a ►, eta 51� . WIIITE carving dwich, Massachusettf tr ` { TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Ma ` 2/7 Parcel Permit# , - Z Health Division - �� ~�+ g • Date Issued ^�� _9 Conservation .i vi 'ot� :- R Fee ZZ• °v) �Ilax Collector ' 1 . . vl`reasurer — , )TALC.WJ - ' w�# _ . '� : ; C7/a ' WIT4 T -146 MONN!l�NT4 J'�' Date Definitive Plan Approved by Planning Board f-. s Historic-OKH Preservation/Hyannis Project Street Address -Village Owner UJ� J �� Address 5p,fry,•. Tele hone Permit Request --�Pt QFesT . zvS iM � � ��TR Square feet: 1 st floor: existing proposed4�� 2nd floor:existing � proposed _1 Total new �. Estimated Project Cost Zoning District Flood Plain Groundwater Overlay Construction Typq 96AA66E;L--'�`'' 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: 'A' Yes 70 No On Old King's Highway:�Yes ❑No Basement Type: Fulll 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 77 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 *`*0 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# `^ RecordedX Commercial)Yes ❑No If yes,site plan review# Current Use 1�* Proposed Use BUILDER INFORMATION Name bib/ M Pb" I 2 y Telephone Number - �q6._1<' Address 1�� �V t✓ 1VE License# J 6 ► �'kol�C a ` �4 � ��1 Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO VU ''viT SIGNATURE ° DATE FOR OFFICIAL USE ONLY, ` 'PERMIT NO. DATE ISSUED a , ► MAP/PARCEL'NO ADDRESS 1'' i,t VILLAGE OWNER i t l +p DATE OF INSPECTION: Y'" •r , FOUNDATION FRAME 8&l;L (!•j^J', i ' ' i _• -, F INSULATION . �� ��, ,is �• _ ,� , , FIREPLACE - S i FINAL.' ELECTRICAL: ROUGH` ,�...•, PLUMBING: ROUGH FINAL GAS: ROUGH' ' FINAL • F ' kr ' FINAL BUILDING'• DATE CLOSED OUT . ' ' ' 4 =. •' " ASSOCIATION PLAN NO. s } - � // w��ir(F•oo� t,vAz.rL jj,.�2 �rOfllaLihc 7`7 exiskin,) windows {-c remain i OF SNE The Town of Barnstable ` 's"sB�` Department of Health Safety and Environmental Services a°39' g Buildin Division �c Mai" 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner October 26, 1998 Attorney Peter Freeman 86 Willow Street Yarmouthport, MA 02675 Re: SPR-086-98 Ashley Manor, 3660 Main Street (Rt. 6A), Barnstable (317/021.001) Proposal: To legitimize an existing B&B with 6 guestrooms, plus add 2 guestrooms and 2 bathrooms in a 2-story addition at the rear of the Inn. Dear Attorney Freeman, The above referenced proposal was reviewed at the Site Plan Review Meeting of October 22, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance and forwarded to the Zoning Board of Appeals. Please be informed that a Building Permit is necessary prior to any construction. Upon completion of all work, a letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinance must be submitted. Also, all signage must be discussed with Gloria Urenas of this Division. Respectfully, Ralph Crossen Building Commissioner dF 1ME t� BARNBPABLE, A . The Town of Barnstable rF0 MA'S A Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner February 23, 1998 Attorney Peter Freeman 3180 Main Street PO Box 578 Barnstable, MA 02630 Re: SPR-094-97 Ashley Manor, 3660 Main Street (Route 6A)Barnstable (317/021.001) Proposal: To legitimize existing B&B with 6 guestrooms, and add 2 additional guestrooms.. Dear Mr. Freeman, The above referenced proposal was reviewed at the Site Plan Review Staff Meeting of February 19, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance with the following conditions and forwarded to the Zoning Board of Appeals. • Septic system report received and approved by Health, • Easement language noted on plan regarding the electrical service to cottage. • Documentation of history of apartment to be submitted to this office. 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. Also, all signage must be discussed with Gloria Urenas of this Division. Should you have any questions, please feel free to call. Respectfully, Ralph Crossen Building Commissioner RESIDENTIAL PROPERTY R MAP NO. . LOT NO. 3660 FIRE DISTRICT t LAND STREET_ SUMMARY 317 Main St • �3.. Barnstable B c 21-1 - - .. OWNER BLDGS. TOTAL / 3 c RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: 7'� LAND S/� OQ Lot 11 , LC 34901-B BLDGS. o oo An ort. B TOTAL / 73 o 0 u�ld 2nd % '79FY LAND �,/ Do See #317-21 -2 &-3 -�Z �, �� BLDGS. 811 SD Guy, Woodville W. , Trustee 9/18/79 Ctf. 79440($140. A-.z :,: -� ;;.. TOTAL -- ' LAND o `..BLDGS"-.__ G•° 7� LAND G 8O So BLDGS. TOTAL / / / p O y- -- -- 1PP-A YGl� A, 9/0^ �`�� c I�1�7� 7y LAND 5~D ------- -- ....---- BLDGS. GG+OI /I I j l TOTAL 12 o G U -------- /✓ },/'/ T J 7 .LAND �3 TAL O fl 3 Oo LAND I. 1,SQ INTERIOR INSPECTED: BLDGS. 8,3 asp l r'/ TOTAL DATE: G S r i L•'1-r r� ,._ :„' C/,/ �. f i cw rJ,.%} LE. �OSC�lid LAND ACREAGE COMPUTATIONS ✓i�c. a:/ BLDGS. LAND TYPE # OF ACRES - PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT �•� aO OOI> o�Q Qd QOp� LAND CLEARED FRONT - BLDGS. REAR �..,.p/ : iC.-� '�f',�/.n' •tS�,.;! ,Lp...�... i� .�✓" J TOTAL . WOODS&SPROUT FRONT , , �, � LAND REAR 8� zSoo d2 / O a /S-v 1 f� { 4/G= 0) BLDGS. WASTE FRONT ' f" j' 1J' "�'r TOTAL LAND REAR / LHND �Vql JC,�'.1i fr- 74 BLDGS. at 7 T3 rlD��rj r_ J TOTAL LAND 90 125 (. BLDGS. LOT COMPUTATIONS LA ACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. TOTAL . „ PURCH. DATE Conc. Slab B�mt.Garage St. Shower Ext. Walls . �. PURCH. PRICE. _y Crick Wallq" ,X Attic FI. &Stairs �, Toilet Room Roof -- i RENT r Stone Walls - Fin.Attic Two Fixt. Bath Piers INTERIOR FINISH Lavatory Extra Floorsid S /V n Bsmt.•• F `1' 2 3 Sink a>_ ✓ 1/4 '/z r/ Plaster Water Cie. Extra Attic EXTERIOR WALLS Knotty Pine Water Only 23 8 Double Siding Plywood _ No Plumbing Bsmt. Fin. Single Siding Plasterboard Int. Fin. R(, •.�1(I •� •C�1 -- t,/A,Shingles ✓ TILING Conc. Blk._- - G F P Bath FI. Heat t x, (y Face Brk.-On Int. Layout I" � Bath FI.&Wains. Auto Ht. Unit Veneer Int.Cond. Bath Fl. &Walls Com. Brk.On HEATING Toilet Rm. FI. Fireplace •f-- r j{,./,� /� Plumbing 7 Solid Com Brk Hot Air Toilet Rm.A. &Wains. ",. ------ Tiling 7L• /:"v�C) ✓/ ' _ ` /G , ' Steam Toilet Rm.FI. &Walls ✓�. Blanket Ins. " t/ Hot Water 11 '-Al ✓ St. Shower 7 ) Roof Ins: Air.Cond. Tub Area ✓ Total ._/_ Floor Furn. G/ y3 7 ROOFING Asph.;Shingle ,Pipeless Furn. '�� `% S F - , Wood Shingle No Heat J;'. S.F. i t? ', �� e.•. Ashs:"Shingle i_ Oil Burner ✓ s/ �� �7 U�/u l{E MCr�� ���" i'I r � 77 1 Slate. Coal Stoker 2 S. F. . 1 rr.�l i.. •.'J.'J 6��Ar-�.m Tile Gas OUTBUILDINGS n ROOF TYPE Electric S. F. i1 Gable Flat S. F. n'h O h 1 2 3 4 5 6 7 8 9 10 1 2 3 4 '5 6 7 8 9 10 MEASURED j S. F. Pier Found. Floor Hip Mansard.Mansard FIREPLACES J1, � ;;I i. %i` /�U Gambrel Fireplace Stack Wall Found. / 0. H.Door LISTED j FLOORS Fireplace Sgle. Sdg. Roll Roofing Conc. i LIGHTING Dble.Sdg, Shingle Root Earth No Elect. - DATE i Shingle Walls Plumbing Hardwood_ ROOMS Cement Blk. Electric /U •� r" Asph.Tile Bsmt. lstlj,/f/'•fj'�j TOTAL �� } Brick Int. Finish ,� PRICED Single 2 n d `f-_71J 3rd FACTOR ZO f REPLACEMENT /^'•..i' s; _1. O Si'Z •%fed"'�/•- w....; •.y/ OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PFiYS. VALUE Funct.Dep. ACTUAL`VAL, t I DWLG. / t�h-t� _ •� I/� .S� r G /Jc•�i� 3 '7 / ' nn� �, ^ a f� ,`H F�' 6Ei�n�ar� / K 2L. 49yB i •° :, 7'J/D' s�9 $�' t" s 3- �yO-O, 7/ . a , -dl C 2//� G�'l'�/�•,'�16, l G �" alb 7x2�, -PAi- Gx2L, ) �3e5' 2. 7 �f /'. �'13 3-5�1s ... /393 ".S ?5 3 4 6 6 i 7 8 g ' 5 10 i, • i �... TOTAL" �zps�,�q..�- �•. ie Permit Cash Report Cash Report by Departments From: 7/25/2017 To: 7/25/2017 D ` . . . _ l Trans. ID Amount Paid Type i1ilti�,t TB 17 2336 Mass Fire Protection , 630103 � Check 9893= 7125/2017 $35.00 ...r'�_„fi.[•w;.. :__€ ;s �;�z�r' S..y sct me m s-„ s,..,f,j •^�. ..: 3'� �a�.`,,; # as:: _..'�.: ;�ro- $3500 v—a elf : TB 17�2284 , STEPHEN E BOBOLA,;630103 Check 9933` 25/ $ 93.94j 7/ 2017 3 413 ,'a%^ .... '* =" '" ,"'. Permit<Total � ,' ;, $3 o .93 8-17 2334 . .Wilfredo,Pleitez r 6301�03 '-Cash a 7125/2017 $35.001 „ , ', L t _,. ,,. •a--a-'+>. .-� w•^ ^ sw •+„. r a.:."t $3 -- . .. •, .500 $17 2333 .Ronaldo 13. Santana k30103 °' Cash 7/25/2017 `,;F $35.00 ear v '. .., -.:.�� „�$ ,:- .„.. �^.-` x *� se r �`. �. e"�.6�3�, - x °,'�'_,�... s� r d k'�r:; ••�.`r ,$35t)0 �' r 1.72331 ARAUJO tAURENT.D 630103 Cash $35.001 " -. ":'z.: a...: y �,r, : '"g,,k�=.'� _i, -s. ,r,:^,,. '=`' P-xe t,l"otala,.-;waea •^'+ 3+�' w,. ,. `rmi n s -;•...yr,. a $3500 � • TC317 2329' -Ryan Gillis ;�•'' 630103 Checks 1479: 7/25/201;7 _ $25:00 ° '. +',.",. '.: 'fxtn ;v€''r�r ^`- .:,.� :.> -' Aa;,. ;,. sY 1 >. 4 dr. ,. '" =sxY��' r� r„ ��, r s•_ r-• .a' _,r i ,,F•,, ' �'.wx-' .'ate nr,...:, ."` - ` s _. - ... _." „ {y?4.i�...^,tire •- ,T I 1K.`S -r...a, � .: ,'a9.. '�' .2�. k^rm�,x. "q.�R z< "'""�;$25:00 Permlf, ota ' . ' `,-.n-=... s°u3. .`r - .. � � 7r i�z x,� `� Aa'£�,-.�:�5':..:w.. 3��:...,. .,s'»t.•-3 .�' _�• _ate' '�„ v'� •p B 1f4T 72330 °:JONATFiAN WILIAMS 630103 Check 102 17 . .5 • « _ j'. AA 4 T8 97 2328 -° PETER M POMETTI 360203 �. Check, 7120' 7/251201;7 " _ $1,018.00; T}- 4 ti T: Mr W i _ :. :. . 1s0 TIC-17 139>$ Sdawmds 630103 R Check 6301; 7/25/2017 $50.00 Ar �.ij 5 - ..� Fermat Total} 2, :w � , 12 }: $50 d0 -A a?€" . s �a ' 'x � 'S . TIC Angel House . :_ 630103 ` Check' 258455 = ` 7/25/2017 r. 50 00 1- h _ .G .: 'Perm►t otal � $50;00 .W,. r:.. � 3.,ye °�a�. w ..:iE�r �,- i„ 'S 3n*a^.,`�C:�^a4�t a:;�,:� ;�t.. �•�:,. .�. ,�tt �� '�.._€ 3. � esF, ''' '� � 1•F'� .1���-k§»�' '�'' �,� �."`'�n t��e �"' TLC-.16-362 Cape Regenc _ 630103 "4 Check ; 007410 Y 7/25/2017',, $89.00 �� . Rehabilitation He Center Per t TOtal �•'.. • r �' q•� � 89:`fl' a 1 of 3 7/25/2017 . iew er it Cash Report Cash Report by Departments From: 7/25/2017 To: 7/25/2017 DepartmentA. . . . . l Trans.�ID 'Amount Paid tType t7dg TIC 417-181 Hyannis;HarborHotel : 630103 .,` Check 019074 Ty 7/25/2017 $50.00 Perrnit7otal a� _, : �: .- ' $5000 x' t � . TIG:17 1 0$ The.Bluewater Grille . 630103 Check: 019074 7/25/2017 $50.00 ermit Total, �' r "" + TIC=17 174µ Fair ZIT Acres Country Day 630103 v Check 7927" 7I25/2017 $50.00 School .. •. " ., �,vWY �• k_: ,Perm.it Total r . t TtC=173�73` '=Fair Acres Count Da '630103 � Check�� 7927 7/25/2017 $50.00 ., _ ' .• rY Y� a �°�z� �' "s , „xtl 7 ;c a . $SQOQ rt _ � u�}".�':��.n�`- 3�. _ ,� y fir'" j r� ` ' .� ;'�'"' �"t '"S rv, .'t x ?'��°,s: '°' ma_�'�'. � ' .e`_'�'n`� .��,,*� s- �• '' f. � q' rLx.•t ,t n nk :�'„ *. .:g.. ..:G.u` s yam" .rW r % ±�,.g'.. _#t .+3hp vMR-4 NW2 tt 04 TE7�19 ; Shawn A Souza; 630107 Check`` 2092; 7/25/2017 $150.00: Perrn.lt*TOtalur Ste; ;: '. ta+..y "az r. .. ..' :. ,.:# F E.. , n• Y.h fi 3 +- ; •.C' 9'c�;"` .' s s:sa YK �., i 3,-....-C• ..o,. .,, : 'c �.. a':_ a: wt ,� '� _=y.^ �•mow.". . �u. a r':#. f T9 IT"E„17 1332 Thomas µP Sullivan V 630107, k , `' Check 1098' 7f25/20a 7 $50.00 ' y 3 s k• z a � „ Permit Totals : a . ,ma y' r - �A 0-'00 A'�.�k. ,3 c --* _e.. •.k xa. �� �'%- ,}y. ..,a' �1r, t4 ,ate. r r,3"' ,y &• + e .�" afi ,� T r i-e ,.•'fig..- ;:. > E r17 1390 , „ Richard N SahlCheck.z 1886: 7/25/2017.. ;: $30.00 „ zipi , : z_.•, erm t, eta). �,. r f 30107 "� .Check 162 r 7l25%2017 r $30.001 ,, E 17 1389 Frank J MaIfa ' ° �'ti : "�• s � , ' .:�;+ .� `'# �' °��', s�"� •f^� -,s' •,,ems .n.,�.��..�a. '53' l ' 'S' Pernt'Total},r `di..£ A '.r" ' O ? ro x.' ax$3000 E97 1388 °'; MatthewF Ostrowski 630107 ;=r Checks 4851<m ,j5,. 7/25/2017 $50.00i .x Permtt.Total . . Y, • ;._ + *$107 5©d k "4 Ew17 1387" Matthew F Ostrowski 63010.7 h Check,: 4851; 7/25/201.7 $50.00{ Y' $„ i.w��.`.Y a* '*' .. ,k�, ;'+£+` ra "i rt ..; . e ota r r 50a00 II , _ � �� � $ E-1:7 1386 fi.Matthew AAllen , 630107 Cash �y ` 7/25/201'7 $0.00 ' 5r5Al M 2 of 3 7/25/2017 - - - iewPermit Cash Report Cash Report by Departments From: 7/25/2017 To: 7/25/2017 Payment i Payment# !Payment Date Paypal Trans. ID Amount Paid iDepartment PIN 'Applicant Name iAccount iType Matthew A Allen. Alle n .. .- a 1763 t 7/25217, $30.00 Perrn�t Totaled, _ i # ate: ` , : #� 3 ,. ... ' f� fly « �- •� `t`�'. �, � � *���;�,� s TG=17 989 Tenn Ft Sherman 630105 ` z� Checks 2060, . " 7 7 $120.00!/25/201 .h'. _ ,. `cla r x .,a .,#^ «'s er 5 ` ;,g _ a _ Perrot Tota�t e r ' r Ida TP17 9,33 Glenn R Sherman 630106 Check'' 2060 : 7/25/2017 $360.00 z x r ' , Permit To at; � 2LGrand Total •, 3 of 3 7/25/2017 Engineering Dept. (3rd floor) Map Parcel &'ZI BO/ �t# 01:"_ House# / _Date Issued=14 GY Board of Health(3rd floor)(8:15 -9:30/1:00-4:30)�7 � ®wee Conservation Office (4th floor)(8:30- 9:30/1:00-2:00) &Z 14 Planning Dept.(1st floor/School Admin. Bldg.) SEPTIC SY initi Plan Approved by Planning Board 19 INSTALLED 7��� NCE WITH TOWN OF BARNSTABL. Y®NME T� ODE AND Building Permit Application TOWN REGlJLATI — rolect Street Address (o O Village Owner Address Telephone 6p4 � Permit Request First Floor square feet Second Floor square feet Construction Type Estimated Project Cost $ -- Zoning District �� o�/ Flood Plain Water Protection Lot Size Grandfathered ❑Yes ❑No 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 No. of Bedrooms: Existing New Total Room Count(not including baths): Existing New First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove ❑Yes ❑No Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) N Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial �s ❑No If yes, site plan review# Current Use Proposed Use Builder Information Name Telephone Number u Address License# Home Improvement Contractor# Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE 12 BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE. _ E • � i OWNER I � ° DATE OF INSPECTION: FOUNDATION _ FRAME INSULATION FIREPLACE R. ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL ; GAS: ROUGHS FINAL FINAL BUILDING' � „s - DATE CLOSED OUT-$' ASSOCIATION PLAN NO. �e TOWN 'OF BARNSTABLE_, Y r .BUILDING . DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. 'DATE JOB. LOCATION 3e le Number Street address Section of town "HOMEOWNER" L-, t0>P ^ Name Home phone Work phone - - PRESENT MAILING ADDRESS --- 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 such homeowners to engage an in- dividual for hire who does not possess a license, provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER: Person(sy who owns a parcel of land on which he/she resides or intends to re- side, 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 .re.sponsibility for compliance with the Stat Building Code and other applicable codes, by-laws, 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. s HOMEOWNER'S SIGNATURE , APPROVAL OF BUILDING OFFICIAL Note: Three family dwellings 35, 000 cubic feet, or larger, will be required to comply with State Building Code Section 127. 0, Construction Control. HOME OWNER'S EXEMPTION The code state that: "Any Home Owner 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 Home Owner engages a person(s) for hire to do such work, that such Home Owner shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for licensing Construction Supervisors, Section 2. 15) . This lack of awarenes often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case our Board cannot proceed against the inlicensed person as it would with licensed Supervisor. The Home " weer-' actin as supervisor is ultimately responsible. To ensure that the Home Owner is fully aware of his/her responsibilities, man communities require, as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. S S 2 .5 • g 7 Zf .q. O 5, 1 o rn L .Kv N c,r 71r, ' C6 , TOWN OF sAANS SUE, zoNrhs Of 4t BY-LAWS DATED FEBRUARY 1984 64 Go ZONE: RF- nYLL SMACKS ►do 32448 FRONT 3 SIDE 15' • , d: AEAR 15' i f J,�/ o�>vCffj � � I ` _ r zx�o iK��acc=ems <rYP.� ,co c I L,->N cE ccpAc� �. i i 1 I I i j - i G2 noC Z x eo P rt-. -- - w�VC'iuT9 c» Cr yp i f .r C eons SEcT,�,;,- SCALE:�.L�T Tv `-�C-'A 4tPPROVED BY e - DATE: 11- 1 C:i-4(� DRAWN BY '�"T VELLUM rµ 4 711 t r 77 i 4A C3ca�� i I tS ��c��J 7�oK�-q� „ 'pcan2 ILI- _I 1 _- � . I TN %ow s _ - Ic— I 7771 = '' -- =_7- --= t ja 1 , _--- ---_-----_..--- i i i — --- - SCALE: ( c V `U APPROVED BY -, DRAWN BY DATE: tS 7 _ _! - _ DRAWING NUMBER U r' CHARRETTE PRO-FORM 9]O►f PRINTED ON 920H CHARPgINT VELLUM s d. w f t � ' asvan.�w,r•.�iren"ry° °�arure+ arrs:� �a»4>— s" d + •[` ♦.._ _ �....._.�,.�.. - .rra.r...�..r�. .-�___..-.—. — —. �_..+rr�n..Iaccny am..rnyyyny�„a,�.. ` � x . i - t el 'l i �I I .� I k; ¢� 't N. i I � f I I I 1 I ' i » i i N i � il. ► _ � i 4 . a A a � yy r r CALLY OAT[ .� I Tr 74_j II � R PROPERTY ADDRESS I I ZONING I OISTRICT.CODE $P-DISTS.I DATE PRINTED I CSTATE LASS I PCS I NBHD KEY No. 3660 . ROUTE 6—A 04 RF-2 100 .048A 07/09/95 0311 : 00 76AA �R317 021.001LANDIOTHER FEATURES DESCRIPTIONADJUSTMENT FACTORS T232652 Lana ay/Dale Sire omenson — vP UNIT.. - ADJ'( UNIT ACRES/UNITS VALUE Description BAiN. DONALD'J 8 co. FF"De m/Ages LOC./VR.SPEC.CLASS ADJ. CONO. PRICE PRICE MAP— BATHS 1 .0 U X C= 100 3500.0. 3500.0 . 1.00 3500 8 CARDS IN ACCOUNT — L — NO, BS MT S X C 100 7.8 7.8 616 . 4800-5 02 — 4- A - .. .... . OST _ N FIREPLACE U X C= 100 3100.0 3100.00 ..1.00 3100 S ARKET 238100 D INCOME A SE 0 PPRAISED VALUE 0 J A 384;000 A U PARCEL SUMMARY T S AND 81600 A T LDGS 299800 M —IMPS 2600 F E OTAL' 384000 CNST E N DEED REFERENCE Type DATE R«praw R I O R Y EAR'V AL U E A T Book Page Inst. MO. vr.D S.P,I- AND 81600 T S �LDGS 302400 OTAL 384000 R E BUILDING PERMIT S LAND LAND—ADJ INC ME SE SP—BLDS FEATURES BLD-ADDS UNITS Number Dale Typo Amooat 1800 GOnsl. TOlal r b"It Norm. Obsx.Class Unils l;ni;s Base Rale Atll_Rale A e I Age Depr. Contl. CND Loc 4b R.G Rapt Cost New F Atll Repl Velue Stories Height Rooms Rms Bat..I Fix. I Partywall F- 01C+ 000 100-100 67.90 67.90 35 70 24 74 100 74 47619 35200 1.0 3 1 1.0 4.0 Description R.a Square Feet Repl"Cost MKT.INDEX: 1 00 IMP.BY/DATE: / SCALE: 1/01.00 ELEMENTS CODE CONSTRUCTION DETAIL BAS ' 100 67490 616 41826 S FOP- 35 23.77, 168 3993 *_____________28___-_�_-___* CNST GP' T STYLE 09 07TAGE 0.0 R 6 FOP , 6 6 ESI GN ADiAT_ -00 ------------------ --- -- A U !, XfiE"R.f�ALLS -Of O -OD "F RAME 0.0 * --------28------------* - C ----- � E A- 7/AC ' TYPE 03 E LECTRiC 0.0 ----- T � ! NTER.fINISH 00.--------------------Q.0 U ! ' NTtRAAYOOT Q1 .---- -------U.0 R ! NT-ER-QW LTY-. -02 Ai�E-AS'EXTER- ! LOOR-STRUCT- -GO --Tf.O N L D ! ! E LO�R"CDYER- -Q0 __________________�-0 E Total Aua= 168 BdSe a 616 22 BASE 22 OOFt TYP-E---- -00.------------------�.p BUILDING DIMENSIONS ! .. L ElCTR I"C A-L--_ _00 ------------------ SAS Y28 N22 E28 FOP N06 W28 S06 ! OUN-DATI�N--._ -GO -----------------9VV69 A E28 :. BAS S22 .. ! ' -------------- - --- ------ ---------- ! --------------- --- ---------------------- L ! LAND 'TOTAL 'MARKET PARCEL *-------------28------------X AREA VARIANCE +0 +0 STANDARD Assessor's.office-Ost floor): r 3 THE As*sessor.,'s map and lot number ......... .. ........... %� I . ./*-. 1.9 Board^of Heal-th (3rd floor): Sewage,. Permit number .................................... ................... i BAR33TABLE Engineering- Department Ord floor): 039., House number ......................................................................... DNA-1 Definitive Plan, Approved :by Planning Board ------------- ------------19-------- - APPLICATIONS'PROCESSED 8:30'-9:30 A.M. and 1:00-2:00 P.M. only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT J&................................ ............................... ' IT TO ..6 7�4AAAAW. TYPE OF CONSTRUCTION Pdd ...... ....................................... .... ............ ................................ ....... .........................19W TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies f6r a pprmitlaccor'ding to the following information: Location ...7.46so....... .............116 ....................................... ................................... ProposedUse ................ ......... ...... ....................................................................................... Zoning District ... . ...................................................... ......Fire District .......... . . . AWN .4j/...... ss, Name of Owner —4- ...... ......:.....:..............Address Addre ....... Nameof .Builder ...................................................Address ........................ ............................................................ Nameof Architect .................................................... ............Address .................................................................................. Numberof Rooms ............................................................ .....Foundation .............................................................................. Exterior .... . .......................................Roofing ............. ....V-110. ......................... . Floors ....... .......I.....................................................................1nterior .................................................................................... Heating ............. ...........................................................Plumbing ...... ................................. Fireplace ............... ....... ......."....Approximate C ................................................. Area .................... Diagram of Lot•ancl Building with Dimensions Feet........................... ' OCCUPANCY PERMITS,REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations-I of the Town of Barnstable regarding the above construction. Name — ... dju...�......e............................... Construction Supervisor's License .................................... BAIN, DONALD No . 31926 ADDITION TO SHED �.......... Permit for .................................... ~ r Storage, Shed................................. ... Location' 3660 Main• Street -� � � .. ..a «• .. �'�`;.k +�,"� •� �� ..' � r f•-.-. ^-''� �- [T .• .15xf?Stable rr Owner ... Donald -Bain Type of Construction Fxame.. `.......... Plot . Lot7,:"' p p r �'- '+-'r'� + O O Permit Granted ......r?aX.:.23r.....�..x'..19 4t t < Dante of Inspection �'' r19, Date Completed ......... .... x '`'.......19 r� 1' , f Asses4or''s E,map and lot number .317.............3-0 .x:V— Sewage Permit number ...........:.l.4.....s'C i4C% ..:........... Z 336SBSTADLE, O House number ...3,6Imo...................................................... 9O MA86 i679• ♦� 'Ep M I TOWN OF BAR.NSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO .. .4.02,rk.. ..�W.ffl-0.... 1.11).14 ... ... TYPE CIF CONSTRUCTION ..1...C.XL!ktL ........... ..............19J TO THE INSPECTOR OF BUILDINGS: The undersigned)hereby applies forQaa permit according to the following information: Location ... (sll ......M-sa. .t...a......JL W- �i� �...................................................................................... Proposed Use I Yvon,... - � Zoning District L� -../.................................Fire District ............. (?1{1vJ Name of Owner ...�'YL.PVVAddressP/ l�l.� � ?...4,�.Y:... �I7e'� 1'..... Name of Builder .. ... QJGL� 1��j......................Address L.� .... ..R- ....... Nameof Architect ..................................................................Address .................................................................................... Numberof Rooms ..................................................................Foundation .............................................................................. Exierior ....................................................................................Roofing .................................................................................... Floors ......................................................................................Interior .................................................................................... Heating ..................................................................................Plumbing .................................................................................. Fireplace Approximate. Cost A UU 0 1.......................................................... Definitive Plan Approved by Planning Board --------------------------------19--------• Area Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Named .......................... Construction Supervisor's License O&A125-1? ti,TYSON, ALAN & MARAGARET A=317 317-21 V .... Permit for corivert.garag-e-to ............................................ Location .....366G.-Main•..Street........................ .............Di4rwqtab.Ip............................................. owner A190a.A.Margar.et...Tyson.................... Type of Construction .......frame........................ ................................................................................ Plot ............................. Lot ................................ ,L Permit Granted .................JuLy..2.......19 85 • Date of Inspection ....................................19 Date Completed .............. -"-?l 9 Assessor's map and lot number ......................... ................ SEPTIC SYSTEM MUST BE INSTALLED IN COMPLIANCE- Sewage Permit number ... WITH ARTICLE II STATE ••�• • SANITARY CODE AND TOWN REGULATIONS. - y�*THEtO�y T® ♦Y N ®F BAR,NSTABLE j EAMSTADLE, i M6 9• �04b BUILDING INSPECTOR µ DYP��`' APPLICATION FOR PERMIT TO ... ...( j�Gr�.���` .... ... !!` `"'`�(.... i .. .. ....... i ' J V _ Q� � U � p TYPE OF CONSTRUCTION �..1 `. ..oA.-� •• .... "" .... a .................................... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the Bfollowing information: Location .... a!� ... .` ..j. . !„`C�'" .... ..t. .. :a ^��. 4Q-4 �. ..U. /�i?............................ ................................... Proposed Use .. .. � -Q.... .ti(�...c�c -��?.....L,)j- r�"-��..�... a ...r.1�4-' ��...I... �.Q/4 -�..CA.....:. V Zoning District ...... ......................................... Fire District tGZ..o. s.T. ......... C ... . ..... .. �.7 3 6 Name of Owner �............ .... . . ddress � c.0 .. �...+.. .... .. ... .. ......... .........:.. .......... ............... n Name of Builder ... lltt?� °i... ...C?P .. .....Address �,?�. s;s; ... �. � ,U.z'� Nameof Architect ..................................................................Address .................................................................................... a a� Number of Rooms ........ ..... A194µ....Foundation ....rlY z C.......................................... Exterior ........ 'w`-',%)(! .......................................................Roofing ....... ........................................................... Floors ............... .......U..............................................................Interior ..... ... .................................. Heating ....... .,o-- ........................................................Plumbing ..�j`RJ! ... .....ae__-.......... Fireplace ........AI.V..................................................................Approximate Cos 56'0✓ . ......................................................... Definitive Plan Approved by Planning Board -------------------_-----------19_______. Area /...4...e,e Diagram of Lot and Building with Dimensions Fee ................. SUBJECT TO APPROVAL OF BOARD OF HEALTH i (l A IL 871 a (V— , +I O / 43 1 hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name `.....: .. .... f........ S ;Y Galbraith, Mrs. '. 64 Elizabeth Halle o ''f Da66 remdel age? toNo1 ... Permit for ..... ........... ....... .studio Locati��� Main Street...... ................. ................................ ......................%rnstable.:................................ Owner .......ors. F. Elizabeth Hallett Galbraith ........................................... Type of Construction ...................frame........_... f .. ................................................................................ , Plot ......................... .. Lot ................................ Permit Granted ......... ..1...................19� Date of Inspection ............. ........ ............19 Date Completed .. . . ......! .... 3......1-9 PERMIT REFUSED ................................................. ........... 19 ............................................................................... ............................................................................... ............................................................................... ........................................................................... Approved ................................................. 19 Am - _ udratjeib - �K� � 1pvFsr dr•�da�n r rs i r s µoucz �m n (fQE It �Cut;Er (N i 6G+Esr 2 2 ,v ZZ /7 Sv/r m r co c" ca 1 ul 17 • worry '� I F.406A I LlIXA",Y r y�Fsr t ! g NtH,lcln A.aorl r�r: c !• - r .. p!U/fCy I / Os [1a+aT' 41 ' I - I ctaJrc Ccns'T A-X P - CLOSET ! IL S/ I pl,vin+s 400/y $'i u;%`t �uE1T c -� �t- i � I �ffcu6✓ (JI I rC6 LAYJ//tY 1,Tll �u+H/E•i 3EJ .Doan j • P ry ! SUN R4n7 761L&ACe • rule �i// j% +�ENNTS do _ / / .LOT i l � / /` / ' ��—'� '' I LOCUS MAP 1" 2000' ERNEST S. / ' / 1.86 AC / CAMELIO, TRU EE • '. / LOCUS / /' / �J- _`�\_ rll ^` ` ASSESSORS MAP 317 PARCEL 21-1 PLAN REF. LCP 349018 � '"='Of/ // A �� / / ss ovA n ac.ow w.. �•L J EXISTrNG USE: 6 GUEST ROOM BED & BREAKFAST FLOOD ZONE CCOMMUNITY PANEL # 250001=9001 D WITH TWO OWNERS BEDROOMS / /• i i �_` Sg ZONING DISTRICT: RF-2 / j � ,o / :• /:' /�j: i: �j / ;\ `..•�. \� SAS pO - LOT SIZE: 1 AC. MIN. / PROPOSED USE: 8 GUEST ROOM BED & BREAKFAST SETBACKS: 41 / YITH TWO OWNERS BEDROOMS FRONT 30 d oo SIDE/REAR 15 SEPTIC ANALYSIS: m"mT TITLE 5 1978 CODE: AP AQUIFER PROTECTION DISTRICT 1 FLOW:ASSUME 10 BEDROOM HOUSE OLD KINGS HIGHWAY REGIONAL 10 X ilOGPD = 1100 GPD DESIGN FLOW HISTORIC DISTRICT SEPTIC TANK: 1000 X 1-5 = 1650-GAL SEPTIC SOIL TYPES: / /` % � ' r]mwv unccv eti�•.mc 11•oI.,, / TANK REQ. . HnB HINESBURG SANDY LOAM 2500 GAL TANK PROVIDED CdD CARVER COARSE SAND � sync.s yLT c•�A.m vcrrn"ro n.� - `".c . CM-um wL s=.c,. ?�`y ^`r. ) \ �J , o' LEACHING: 16'0 X 14' DEEP PIT FROM INSTALL. REC. i Chb' SIDES: (14)TI(14)= 616 SF X ? dd / a enn/ec - aoo ron OWNER/APPLI('ANT• % ti // ) // .i^•�_. q : BOTTOM: TI(7)' = 154 SF X 1 1693 GPD -30ouBARN MA9LE. MA 02630 .]00U MAW Jll(GY:'1 rnsv.c...tn ` f/ h H`. L 770'SF s'.¢s I,%� `�•` PHONE: 362-8044 �' � , '-�' � 1693 GPD > 1100 GPD .� / / a@ c c•T�0 _^ n /•t PROPSTORY ADDRIO 7 `'ram` I (j` ALICE S. H SEPTIC FOR COTTAGE: 330 GPD DESIGN FLOW > 110 GPD ATTY: PETER L FREEMAN , SED 2 S ✓- 6� LIPMAN. DRUMMOND & FREEMAN NOTE:TITLE 5. 1995 WOULD REQUIRE A 2200 GAL SEPTIC TANK ATTORNEYS AT LAW (2500 GAL. PROVIDED)AND 11,87 SF LEACHING (904 SF PROVIDED) 86 WILLOW ST. 4 .•enrt <� os/m / / / (FOR Cvs I SOILS) YARMOUTHPORT. MA 02675 s:•, / ) 1 NOTE: SEPTIC INSPECTION REPORTS /{AVE SEEN SUBIATTTED pY THE MAIN HOUSC PHONE: 362-4700 �-j /i!`�e-w-u•.no \\ 9. 'r` ,j� BB-Ae2 )� AND THE APARTMENT (COTTAGE) DATED 2-19-98 AND 4-23-98 RESPECTIVELY. FAX: . 362-8281 I �. / ! DRANAGE:THE EXISTING DRAINAGE SYSTEM CONSISTS OF GRASS SWALES AND LO W AREAS.WHICH CONTAIN THE MAJORITY OF THE STORM WATER RUN OFF ON THE STTE- / .cTcx ^'� f /• d m.. THE ADDITIONAL PERVIOUS GRAVEL PARKING SPACES PLANNED ARE PITCHED TOWARD NATURAL FENUCCIO & RICHMOND ARCHITECTS,p = LOW AREAS WHICH WILL ABSORB 7HE SMAl1 A00010NAL FLOWS ANIICL ATID.� ,t � �`- RICK FENUCCIO PARKING: 1.2 SPACES PER BEDROOM 923 MAIN ST. RT 6A YARMOUT 1PORT. MA 02675 f ^ o 1.2 X 8 = 10 SPACES REQUIRED PHONE: 362-8382 11 SPACES PROVIDED • i ( /� ( o„ c •. FAX: 362-2828 t.7 a ""'^•�t. • -1 � sEE orE 14]eBDM �' O y / 1'"^'c C -� \ tnPJ •�.\ E lEnsrNc ma w..n ��0 / ( \\ $ -_ y ' a �� v"osm ma orA cl` ti r 0TTL� 17T A AT n ?�, '� I / ••` ;�. . .;�j GENERAL NorEs' ASHLEY MANOR .v .. rrco c .s�� /rf f 1 !Y 1 `•P�oa°�*'�m6oamTca;'Tw o.M5691C b ro.c v, 3660 MAIN STREET \•• r y L9.,A.CbR swu....¢TNI ncou.®n wow Norrrurn.ro ao"m 0- BARNSTABLE, MA 02630 ��f ca.ss aclomo..ww `.\ / / 5 �1 mo-].a-Tess)uo wr onrt.u1uTQ.Vol wT IUK c+ai.vnc on `�' •.•) �( � CaaP.CAI N TQ C6lSIRUCf1p.YCa i9R VEAi1CAlgM 6 LOCIIIONi I✓°u.1 --� } ( i/ ,1( -, I `•��� \o.MEu .m ( DONALD J BAIN, OPNERB1h4Xn. UMOosworm, rLmI—m M7o vll—=A"sasoM IEafta p�� IssIcK Ens O .-Ew o.Haut nags sl—. >pEnrlc Tl ��'+.J`-• lt6 .�' i �� )l \\ )•' Q FM 6As M.rm I. *M AS A.QNnm TO PRESENT. A.•T>"vT srNanuA.�also.e • \ / �.,7- '2 T - OT—E 2'01"AAaIIm �+Am+F ms..c lo,Co RM.wp vW i MOT H-10 Atl® \ r� _��c sTelnuoa.w Pam AN a, an arc sue 1 ]ow rs coIr DATE: 2-12-98 S mx..vcVn,r J .a' -C- '••.� PRO- I .m m w P.e.Ia AT rz-o.c]-al of smx r a wAr.w wz.T Ir c.c rov CAI_2: 1" = 20' PAOrta(Faq ve.ctTs wens As PVIgNnr IST N sTeucnmis ooual n[sAA Ar .00nwM o.Inmors.use aN sent � r, v�Tw...w.Irr�..m�im>.asrm.nV��ro s.:.1w.oc��- REVISED: 9-ZZ-98 h / CD%Ci�tn;-�dYl IG1W�v i IVt' SVC 1� \ I tip- ,�. ...uN.asroxa. .+mo.uas MD zo ,o sa F.cl Ca zo .1 N, j - '•+�'.- � ) .sn]ax-vain j' `�4i SUbv✓.:SS�C7�, IAme -,5 1.2t CL-.w(2 4- b(%J `1 S-><2t:c�u:t � I C T = � � down cape engineering, inc. 1 ra CIVIL ENGINEERS �r NLAND SURVEYORS b .I" DATE P.E. 11'v 939 main sL yarmouth, ma 02675 ' BARNSTABLE NMHM ROUTE M / E.._�� /./' /" / / // /� �j�//"� 2�2ggr• •\ \\,.�'/ MAR DENNIS & ` ) � � � 8 40 L /� i /LOT 11 / —' LOCUS MAP 1" = 2000' � � j I.86 AC/ r � ERNEST S. Z/ LOCUS' , T v(� ASSESSORS MAP 317 PARCEL 2I-1 CAMELIO, TRU EE � / PLAN REF. LCP 349018 DFR FLOOD ZONE C , EXISTING USE: 6 GUEST ROOM BED & BREAKFAST :s GRAYT3.IRE«LN DRAW EXISTING PANEL 250001-000 1 D % X, "� PERwE FR a * % WITH TWO OWNERS BEDROOMS # '' -- S9. ZONING DISTRICT: RF-2 ZONI j i !/ /� j / �` f9• LOT SIZE: 1 AC. MIN. i / o / ' �� `\ 2g0 00^ �( i PROPOSED USE: 8 GUEST ROOM BED & BREAKFAST SETBACKS: j ma' / / �) % �IITH TWO OWNERS BEDROOMS ON S REAR 15 SEPTIC ANALYSIS: WNNS/ TITLE 5 1978 CODE: AP AQUIFER PROTECTION DISTRICT FLOW:ASSUME 10 BEDROOM HOUSE OLD KINGS HIGHWAY REGIONAL (" 10 X 110GPD = 1100 GPD DESIGN FLOW HISTORIC DISTRICT ' / /i i / / / `�•`- J f' �. / SEPTIC TANK: SOIL TYPES: 1000 X 1.5 = 1650 GAL SEPTIC TANK REQ. 2500 GAL. TANK PROVIDED / HnB HINESBURG SANDY LOAM / �' j/, j EPSR 1t1)EEP° +6'MDF(EACH flT TONE � SE \"�\ ••\.. IC LOGADOG AND 12Aas FR04 \fi , 1� " CdD CARVER COARSE SAND nG AS T CMD ANO vETERWO 6R05. s2. 0* ;, a. Ns A LED°/ /°' �- '° ! \ �� ; O j LEACHING: 16'0 X 14' DEEP PIT (FROM INSTALL. REC.) E%511N0 2500 SEPRC TANK "� \ o p 1 OWNER APPLICANT: o �\ I ,� -� SIDES: (14)TY(14)= 616 SF X 2.5 GPD/SF = 1539 GPD / DONALD J. BAIN BOTTOM: TIM = 154 SF X 1.0 GPD/SF = 154 GPD 3660 MAIN STREET E0$wN0 770 SF 1693 GPD BARNSTABLE, MA 02630 (3)EMSRNG PAVED 1 F fi L PHONE: 362-8044 �J� 9'KI9'SPACES it -' 1693 GPD > 1100 GPD V— / LOW 6p .'* l ^y`;�..tea`%4;' \ �P'P2c� )sP 1/ / SEPTIC FOR COTTAGE: 330 GPD DESIGN FLOW > 110 GPD ./- pTTY: PETER L. FREEMAN // j ` / % '/• , Ex �� � ^y.'-//�laaPROPOSED 2 STORY ADDITIO � .2 +� � `q{)I / (i //// LICE S. Hq LIPMAN, DRUMMOND & FREEMAN r,DINcs• \c. SPRUCE sNEO (/ ATTORNEYS AT LAW NOTE:TITLE 5. 1995 WOULD REQUIRE 2200 GAL SEPTIC TANK 86 WILLOW ST. C.STIND / ( / ` ((2500 GAL. PROVIDED)AND 1487 SF LEACHING (904 SF PROVIDED) (FOR GLASS I SOILS) YARMOUTHPORT. MA 02675 NOTE: SEPTIC INSPECTION REPORTS HAVE BEEN SUBMITTED ON THE MAIN HOUSE PHONE: 362-4700 MEw TANGNG sue. �«PATp � (2) ?o,A .AND THE APARTMENT (COTTAGE) DATED 2-19-98 AND 4-23-98 RESPECTIVELY. FAX: 362-8281 9z19 s DRAINAGE: THE EXISTING DRAINAGE SYSTEM CONSISTS OF GRASS SWALES AND } /�• 1 ! ) LOW AREAS WHICH CONTAIN THE MAJORITY OF THE STORM WATER RUN OFF ON THE SITE. / 1D+1'SPOT / _ ) THE ADDITIONAL PERVIOUS GRAVEL PARKING SPACES PLANNED ARE PITCHED TOWARD NATURAL ARCHITECT: ME" fJ^ S / .l { LOW AREAS WHICH WILL ABSORB THE SMALL ADCTfnONAL FLOWS ANTICIPATED. FENUCCIO & RICHMOND ARCHITECTS RICK FENUCCIO +000 o'/ (, ) 923 MAIN ST. RT 6A EnsnNc ( 4Asw°Tu.Enr S PARKING: 1.2 SPACES PER BEDROOM YARMOUTHPORT, MA 02675 0 2 1/2 STM 6'xb' P E C 5i 1.2 X 8 = 1Q SPACES REQUIRED PHONE: 362-8382 1 I SPACES PROVIDED FAX: 362-2828 TO ACES �N 1`/ IT �1�(�T ED 1C RE , s GAS Y' se OR 07 3 eELOK• -' h0 D 1l � KL XISRMC PROPOSED EDGE cR O BArmSTABLE SITE PLAN 1 / Z(Z u4OF F;.-,Towl ^r^RD O'F.kpnFA GEN t$ ( ; ERAL r�0TES:._ -� - ASHLEY MANOR 1.TPE LOCATION CF EXISTING UNDERGROUND UTEUIES SNO•'N ON THIS PLAN ISC, . IOR My CA 3880 MAIN STREET ,o -P1+5i1 r •1 ---� l i• !i 1 } 9 CON�R�E SN/U MAKE WE REOUTRED�72 HOUR NOgiDTIIUTTIIGNETo*0 SSAiE(I- .. GRASS DE7 M ARFA � / % I .1� ( r - 6B8-3 -7233)AND ANY OTHER UTILITIES WHICH MAY HAVE CAME.PIPE OR BARNSTABLE, MA 02630 E0.01 ENT IN THE CONSTRUCTION AREA FOR VERFICAP Mi OF LOCATIONS. WGE -` \ (.• ) /\ `\ 2.ALL CONSTRU CONFORM MATERIALS.COMPONENTS,AND METHODS EMPLOYED OM THIS DONALD J. BAIN, OWNER PROTECT WORK SHALL CORM TO THE TOMOF BARNSTABLE SUBDIVISION RECULARONS AND\OR THE MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS STANDARD SPECIETCARONS I' FOR BROGFS AND HIGHWAYS AS AMENDLU TO PRESENT. t 3.+ERFY STMUCRTW DESIGN OF APART4EMM EMSIMp PRECAST TANK AMO PIT:IF NOT N-20 RATED \ ( EXGwTE 2'aEAR ARGp1p STRUCTURES AND POUR AN 17 CONCRETE STAB OF 3000 P9 CONG DATE: 2-12-98 SCALE: 1" = 20' REIN'ORCLD WITH 6O KSI 06 BARS AT IY O.G 3-CLEAR OF BOTTOM EACH WAY AND µ's AT 12-E.W.TOP EDGE PAVEMENT 2`70 PROVIDE FOR SAME ACCESS COVERS As PRESENTLY EXIST IN STRUCTURES(DOUBLE MAR AT EDGES). REVISED: 9-22-98 ADDITION DMEN GNS.MISC.ON SIR, Bg \\ / '''� A' ��., b ALTERNATYV:PROVIDE NCH'­20 MCAST S INSTALLED REWINED. STRUCTURES TO SAME CANE AND(F OE. 20 D SAWCUT AND PATCH PAVEMENT AND REPLACE GRAVEL \ C ( SIDE— \\ ) (� .ALL RUPWTT TO BE COMTRNEO ON LOCUS. 20 b 60 Fat T: M SIGH"ASIIEY MANOR- EXIEIMALLY UT '� - \_ ( � .-..--� _ � ti N.506.362-98W9660 j a+ •a. { 4#' ,I,.� ,wT�"`EEF.�. down cape engineering, inc. CIVIL ENGINEERS Y—�- LAND SURVEYORS Cv n J -�, ! DATE P.E.. 98-050 939 main St. yannouth, ma 02675 Tn x aayrj + JICIRLOMIitA �y 5 J/Ct/ICOQfITIA z o x D vn U DCD ROOM O ®�ROOM OAtn O - Pyxw ejj F N 0 Cd1J9. Cd09. (.� N V z00 Ielouaorci+Nrn t OI.00/.NQOA4/J Ic/ovt[��rtsov j I OiOC Npp1i10 HAT"UNC � P O DRICX FAra I Dnr, z --- cl M��I me n O Room u u DKrn ROOn I ROOM CLO. DCO ROOM DCD Room nNl. roor w+o cn -----� ------------- WING F ROOM c I i Dm Room ¢ x� I 1 z W 8 o� 12 m 427 9P/FLDOF:-8,50 9P FIF51-FLOOR PLAN SECOND FLOOIz PLAN DATE REVISIONS AWN ev sR19 DR VAN0 No. Al WKEMAITC DE6if>td cn +W W NZ OD 1 10 N RCF 1 '�\\/'''�5�011Tti �L�/RT� ION V u r 3 rornnsRoar ro nacnw�r'e a O �U cn � O FR WAYA W x 6 oa DATE ro/oa/se REVMONs rXMNG rrorosCD=MON -A5T�i-nlATION Imo" IY Bxxs ` DRAWING W. A31 scx�aunc Dom+ O _U 04 0 W od ~ N V z8 W rRwoennv enenxnurtouoR�m rRw¢R:raw euuaxnue000R,un WEST rL�/ATION . wars Dcrw.aopmcR ro nr�v+euxu+6 ,ornarRoor enoaei.^e ooRncR oerN. mnArn euerR�. 6 z EHI z � 4 n0/nNi RDOf�inP+6i.tl >.q ro nuu+cuins W� 7 dAIT DUf R/Q q0 pq wRNrc Ren�enro nAcncuawe � O� W Q 00 wova wc.eerorxr.,aauR,�u rr.ru.nu.wRNc� �1 RGG'>INfi G/6 DY.WWDDM9 ICh ❑ ❑ ❑ ❑ FwoPo>GD worrm r+e oNs NOfMlI:Lr-VATION wNDI¢,1't[C RR¢t orr�wr+sr t�t� WAVANc No. q. 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