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0810 WAKEBY ROAD - SAND & GRAVEL - LEGAL - MISC STREET FILE (2)
V�`A IDI Wa a k �� _ons � . �J t �� i i ;s i 4` f t u100 008 . ; L00O280 OLD FALMOUTH ROAD CTY03 TDS 300 CO KEY 47229 ----MAILING ADDRESS-------- PCA3161 PCS00 YROO PARENT 0 EAC DISOPOSAL! INC MAP AREAC017 JV MTG0000 79 NORTH PEARL ST SP1 SP2 SP3 UT1 UT2 21 .32 SO -FT 1920 ALBANY NY 12201 AYB EYB1965 OBS CONST 0000 LAND 660400 IMP 74100 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 734500 REA CLASSIFIED #L.AND 3 660 ,400 ASD LND 660400 ASD IMP 74100 ASD OTH #BLDG( S )-CARD-1 3 25 ,600 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #BLDG( S )-CARD-2 3 48 ,500 TAX EXEMPT #PL 280 OLD FALMOUTH RD RESIDENT 'L #DL LOT 4 &`5 LC39431-A OPEN SPACE #RR 1147 0855 COMMERCIAL 734500 734500 734500 *9/88 DEED RECEIVED 8/95 INDUSTRIAL EXEMPTIONS SALE09/88 PRICE 1300000 ORBC115449 AFD I LAST ACTIVITY10/12/95 PCRY RCV F Window PCR/1 at BARNSTABLE ( 28 ) 1p R100 009 . L000000 OLD FALMOUTH ROAD CTY03 TDS 300 CO KEY 47238 ----MAILING ADDRESS------- PCA3101 PCS00 YROO PARENT 0 & L.TO JOHN A & JOAN E ---MAP AREAC017 IV MTGO000 150 WALNUT ST SP1 SP2 SP3 UT1 UT2 3 ,•83 SQ FT 2400 MARSTONS MILLS MA -02648 AY81986 EY81986 OBS CONST 0000 LAND 150900 IMP 44600 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 195500 REA CLASSIFIED #LAND 3 1505900 ASD LND 150900 ASD IMP 44600 ASD OTH #BLDG( S )-CARD-1 3 44 ,600 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL OLD FALMOUTH RD TAX EXEMPT #RR 1147 0400 RESIDENT 'L OPEN SPACE COMMERCIAL 195500 195500 195500 INDUSTRIAL EXEMPTIONS SALE00/00 PRICE ORB2804/88 AFD LAST ACTIVITY02/21/89 PCRY RCV F Window PCR/1 at. BARNSTABLE ( 28 ) 1p R295 004 .011 L000000 CTY04 TDS 100 BA KEY 412333 ----MAILING ADDRESS------- PCA4401 PCS00 YR90 PARENT 355350 CAPE COD AGGREGATES CORP MAP AREAI006 JV MTG0000 P 0 BOX 96 SP1 SP2 SP3 UT1 UT2 2.08 SQ FT HYANNIS MA 02601 AYB EYB OBS CONST 0000 LAND 48700 IMP OTHER ----LEGAL DESCRIPTION---- TRUE MKT 48700 REA CLASSIFIED #LAND 4 48 ,700 ASD LND 48700 ASD IMP ASD OTH #PL CONCRETE CIRCLE DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #DL LOT 45 TAX EXEMPT #SR PROCESSED PATH RESIDENT 'L #RR 2172 OPEN SPACE COMMERCIAL INDUSTRIAL 48700 48700 48700 SPLIT102886 EXEMPTIONS SALE03/89 PRICE 1 ORBC116997 AFD V N LAST ACTIVITYI0/24/95 PCRN RCV F ( DM ) 1p R013 052 OCO WAKEBY ROAD CTY03 TDS 300 CO KEY 3668 ----MAILING ADDRESS------- PCA1301 PCS00 YR00 PARENT 0 HAYWARD , HARRIET P TR MAP AREA13AC JV MTG0000 GIFFORD , WILLIAM SP1 SP2 SP3 800 WAKEBY RD UT1 UT2 16 .66 SCE FT MARSTONS MILLS MA 02648 AYB EYB OBS CONST 0000 LAND 181500 IMP- OTHER ----LEGAL DESCRIPTION---- TRUE MKT 181500 REA CLASSIFIED #LAND 1 181 ,500 ASD LND 181500 ASD IMP ASD OTH #PL 810 WAKEBY RD DESCRIPTION TAX YR' CURRENT EXEMPT TAXABLE #RR 1773 0115 TAX EXEMPT RESIDENT 'L 181500 181500 181500 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE03/96 PRICE 40000 ORB10105202 AFD V A LAST ACTIVITY06/19/96 PCRY RCV F ( DM ) 1p R100 008 . L00O280 OLD FALMOUTH ROAD CTY03 TDS 300 CO KEY 47229 ----MAILING ADDRESS------- PCA3161 PCS00 YR00 PARENT 0 EAC DISOPOSAL INC MAP AREAC017 JV MTG0000 79 NORTH PEARL ST SP1 SP2 SP3 UT1 UT2 21 .32 SO FT 1920 ALBANY NY 12201 AYB EYB1965 OBS CONST 0000 LAND 660400 IMP 74100 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 734500 REA CLASSIFIED #LAND 3 660 ,400 ASD. LND 660400 ASD IMP 74100 ASD OTH #BLDG( S )-CARD-1 3 25 ,600 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #BLDG( S )-CARD-2 3 48 ,500 TAX EXEMPT #PL 280 OLD FALMOUTH RD RESIDENT 'L #DL LOT 4 & 5 LC39431-A OPEN SPACE #RR 1147 0855 COMMERCIAL 734500 734500 734500 *9/88 DEED RECEIVED 8/95 INDUSTRIAL EXEMPTIONS SALE09/88 PRICE 1300000 ORBC115449 AFD I LAST ACTIVITYI0/12/95 PCRY RCV F Window PCR/1 at BARNSTABLE ( 28 ) 1p R100 009 . L000000 OLD FALMOUTH ROAD CTY03 TDS 300 CO KEY 47238 ----MAILING ADDRESS------- PCA3101 PCS00 YR00 PARENT 0 AALTO , JOHN A & JOAN E MAP AREAC017 JV MTG0000 150 WALNUT ST SP1 SP2 SP3 UT1 UT2 3 .83 SQ FT 2400 MARSTONS MILLS MA 02648 AY81986 EYS1986 OBS CONST 0000 LAND 150900 IMP 44600 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 195500 REA CLASSIFIED #LAND 3 150 ,900 ASD LND 150900 ASD IMP 44600 ASD OTH #BLDG( S )-CARD-1 3 44 ,600 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL OLD FALMOUTH RD TAX EXEMPT #RR 1147 0400 RESIDENT 'L OPEN SPACE COMMERCIAL. 195500 195500 195500 INDUSTRIAL EXEMPTIONS SALE00/00 PRICE ORB2804/88 AFD LAST ACTIVITY02/21/89 PCRY RCV F ( DM ) 1p CR013 052 . L000810 WAKEBY ROAD CTY03 TDS 300 CO KEY 3668 ---_MAILING ADDRESS-------- PCA1301 PCSOO YR00 PARENT 0 HAYWARD , HARRIET P TR MAP AREA13AC JV MTG0000 GIFFORD ,' WILLIAM SP1 SP2 SP3 800 WAKEBY RD UT1 UT2 16 .66 SQ FT MARSTONS MILLS MA 02648 AYS EYB OBS CONST 0000 LAND 181500 IMP OTHER -----LEGAL DESCRIPTION------ TRUE MKT 181500 REA CLASSIFIED #LAND 1 181 ,500 ASD LND 181500 ASD IMP ASD OTH #PL 810 WAKEBY RD DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #RR 1773 0115 - TAX EXEMPT RESIDENT 'L 181500 181500 181500 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE03/96 PRICE 40000 ORB10105202 AFD V A LAST ACTIVITY06/19/96 PCRY RCV F Window PCR/1 at BARNSTABLE ( 28 ) 1p I 11 TOWN OF BARNSTABLE, MASSACHUSETTS ASSESSORS MAPS +'y s. .ji. i ss 'Di OpE0 o � I (e0 SI . 54 6 �.. + 6 i 9 4 .454 a 0.14 L e A W .4p4 p m I ® TOWN OF B�ONSTAt1�� O�SVOSx 4RR• (4 .ag- Z' 0 REV. —_ `J e0 IN 124 SCALL tom' . 79 100 113 .....-- I V I 1 Iyf , 1 i�l�3il , ARNSTABLE, MASSACHUSETTS ? 1", ASSESSORS MAPS r ✓ i° ✓ �.E�� .I� � e iY 41. 441 ` f '>Hyy tN dSM1�. a �' OI j ~9w •r;� ��. 6e � ° 13, al 'r \ \ ,Z�. y � ' �� ® ��•' `-"a - ,ems,,, ��`' M � I '' I j. \ \ � '� ✓ .•ip,� ® ,dad. �, r � � I I �f �1 sw r 4s Hocc.�ros�Ro , . pV , 16, I L f ~ IS s�� \ \ pp /25S. lov ED fo 3 y \ \ v \ L.c."'oD \ Se \ s i p \ ® e LIz A � L.,. RflP: 9-1 W•as \ \ 8 L vKo: 6i \ 5b 2 ! \ 3.3iAc •e� \ O r REV. BY 4VIS 1970 \ ORIGINAL ISSUE: /96B SCALE 1 ICO 27 09. 14 so 12 28 _ I li 11 it )F BARNSTABLE,, MASSACHU ETTS ASSESSORS MAPS 11, ru , • [ r�-1l-lL' �4 Ftttl 3- 3-3 4.14Ac f0 \ e /.00AC I.00AC ii z m 3-4 .86 Ac L OOAC 3-S co u LOOAC \ \ I _•I•I r,5.s 1,so I O 150 . '9 's" 73 \ 150 rTo A 0 A 0 ZZs-S 47 47 140' i•,� ti I Z - 13 I I:ISAC r.oOAL I.00ppAC n LL 'ox O -Ne 13-13 o I 04AC Z. 13-2 © O O 1,00Ac e ; 13'12 pOEs Ari j 1.09AG p 13-4 1 1.o5AC 1.00 C © p.01 AC ' 1.0I AC. .99 ti.-pd I I I 0 0 ! 6 ) , c �AArM E�H'T `0 R L/.NE 1 ODQ 13-10 b I.OIAC 6 13-6 14AC. I t s c 13-7 zl ry I.34AC 1.01AC- �t I / � I /.13AC I r ° 06 ,� I ►y LAST AN.ySt O: Ij R�1 REV. BY AV/$ N7b I ORIGINAL WSW ma 25 13 29. suu" I*-oo 12 N 27 i O W N E R S E A R C H OW NAME NEXT 00006438 XMT ? CAPE COD AGGREGATES CORP P O BOX 96 00412609 R274 041 . CAPE COD AGGREGATES CORP P O BOX 96 00412618 R274 042. CAPE COD AGGREGATES CORP P O BOX 96 00412627 R274 043. CAPE COD AGGREGATES CORP P O BOX 96 00412636 R274 044. CAPE COD AGGREGATES CORP P O BOX 96 00412645 R274 045. CAPE COD AGGREGATES CORP P O BOX 96 00412654 R274 046. CAPE COD AGGREGATES CORP P O BOX 96 00412663 R274 047. CAPE COD AGGREGATES CORP P O BOX 96 00412672 R274 048. CAPE COD AGGREGATES CORP P O BOX 96 00412681 R274 049. CAPE COD AGGREGATES CORP P O BOX 96 00186006 R275 031 . CAPE COD AGGREGATES CORP P O BOX 96 00412413 R275 059. CAPE [OD AGGREGATES CORP P O BOX 96 00412422 R275 060. CAPE COD AGGREGATES CORP P O BOX 96 00412431 R275 061 . CAPE [OD AGGREGATES CORP P O BOX 96 00412440 R275 062. CAPE COD AGGREGATES C]RP P O BOX 96 00412459 R275 063. CAPE [OD AGGREGATES CORP P O BOX 96 00412468 R275 064. CAPE COD AGGREGATES CORP P O BOX 96 00412477 R275 065. CAPE [OD AGGREGATES CORP P O GOX 96 00412486 R275 066 CAPE COD AGGREGATES CORP P O BOX 96 00412495 R175 067 CAPE COO AGGREGATES CORP P O BOX 96 00412324 R275 0&8/ � v .� | � � | � � cE.,* E A R ED F! OWK NAME NEXT 0000645e.D XMT ? CAPE COD AGGREGATES CORP P 0 BOX 96 00412501 R275 069. CAPE COD AGGREGATES CORP P 0 BOX 96 00186499 R276 033. CAPE COD AGGREGATES CORP P 0 BOX 96 00355341 R295 004. 001 CAPE COD AGGREGATES CORP p 0 BOX 96 00355350 R295 004. 002! CAPE COD AGGREGATES CORP P 0 BOX 96 00412529 R295 004. 00:3 CAPE COD AGGREGATES CORP P 0 BOX 96 00412538 R295 004. 004. CAPE COD AGGREOATES CORP P 0 Qox 96 00412547 R295 004. 00�5- CAPE COD AGGREGATES CORP P 0 BOX 96 00412556 R295 004. 006. CAPE COD AGGREGATES CORn P 0 Box 96 00412565 R295 004. 00*7 CAPE COD AGGREGATES CORP P 0 BOX 96 00412574 R295 004. 00i: CAPE COD AGGREOATES CORP P 0 BOX 96 0002582 R295 004. 0W.----j CAPE COD AGGREGATES CORP P 0 BOX 96 00412592 R295 004. 010 CAPE COD AGGREGATES CORP P 0 BOX 96 00412233 R295 004. 011 CAPE COD AGGREGATES CORP P 0 BOX 96 00412342 R295 004. 01,2 CAPE COD AGGREGATES CORP P 0 BOX 96 00412351 R295 004. 003 CAPE COD AGGREGATES CORP P 0 BOX 96 00412360 R295 004. 014 CAPE COD AGGREGATES CORP P i Box 96 00412379 R295 004. 00-5 CAPE COD AGGREGATES CORP P 0 BOX 96 00412388 R295 004. 001.:, CAPE COD AGGREGATES CORP P 0 PDX 96 00412397 R295 004. 017 CAPE COD AGGREGATES CORP P 0 BOX 96 00412510 R295 004. 0118 G W :1 El Ff 13 E a) R C H OWK NAME NEXT 0000640: XMT ? CAPE COD AGGREGATES CORP P 0 BDX 96 00412404 R295 004. 019 CAPE COD AGGREOMES CORP P 0 POK 96 002Oe698 ACCOUNT DELETED CAPE COD AGGREGATES CORP P 0 BOX 96 00412069 R296 001 . 001. CAPE COD AGBREGAIES CORP P 0 204 96 00412878 R296 001 . 00�` CAPE COD AOORC04TES CORP P 0 BDX 96 00412887 R296 001 . 00:.*.-.: CAPE COD AGORROATES CORP p j EGA 96 00412896 R296 001 . 004 CAPE COD AGGREGAIES CORP P 0 BOX 96 00412902 R296 001 . 00.5 CAPE COD AGORMATES CORP P 0 2c < 96 00412912 R296 001 . 00'�.- CAPE COD AGGREGATES CORP P 0 BOX 96 00412921 R296 001 . 007 CAPE COD AGOREGAIES CORP P 0 00A 90 00412930 R296 001 . 00:;.-".: CAPE COD AGGREGATES CORP P 0 BOX 96 00412949 R296 001 . 009 CAPE COD AGOREGATES CORP 80Y 00208705 ACCOUNT DELETED CAPE COD AGGREGATES CORP BOX 9--f.': 00412994 R296 002. 001 CAPE COD AGGREGATES CORP 8ox %/.� 00413001 R296 002. 00.*t;-.' CAPE COD AGGREGATES CORP P 0 BOX 96 00413010 R296 002. 00.'.i: CAPE COD AGGREOATES CORP P 0 BOX 96 00413029 R296 002. 001. CAPE COD AGGREGATES CORF p 0 BOX 96 00208714 ACCOUNT DELETED CAPE COD AGGREGAIES CORF p 0 Box 96 00413056 R296 005. 001 CAPE COD AGGREGATES CORP P 0 BOX 96 00413065 R296 005. 00:;�*.j. CAPE COD ACGREGATES CORP P 0 8OX 06 00413074 R296 005. 00::--: ("I w I'll El: E E 1) R C Fl OWK NAME NEXT 0000640-3 XMT ? CAPE COD AGGREGATES CORP P 0 BOX 96 00413083 R296 005. 004 CAPE COD AGGREGATES CORP BOX 96 00208723 R296 006.. CAPE COD AGGREGATES CORP P 0 BOX 96 00412690 R296 032. CAPE COD AGGREGATES CORP P 0 BOX 96 00412707 R296 033., CAPE COD AGGREGATES CORP P 0 BOX 96 00412716 R296 034. CAPE COD AGGREGATES CORP P 0 BOX 96 00412725 R296 035. CAPE COD AGGREGATES CORP P 0 BOX 96 00412734 R296 036. CAPE COD AGGREGATES CORP P 0 BOX 96 00412743 R296 037. CAPE COD AGGREGATES CORP P 0 BOX 96 00412752 R296 030, CAPE COD AGGREGATES CORP P 0 BOX 96 00412761 R296 039. CAPE COD AGGREGATES CORP P 0 BOX 96 00412770 R296 040. CAPE COD AGGREGATES CORP P 0 BOX 96 00412789 R296 041 . CAPE COD AGGREGATES CORP P 0 BOX 96 00412798 R296 042. CAPE COD AGGREGATES CORP P 0 BOX 96 00412805 R296 043. CAPE COD AGGREGATES CORP P 0 BOX 96 00412814 R296 044. CAPE COD AGGREGATES CORP P 0 BOX 96 00412823 R296 04N CAPE COD AGGREGATES CORP P 0 BOX 96 00412832 R296 046. CAPE COD AGGREGATES CORP P 0 BOX 96 00412841 R296 047. CAPE COD AGGREGATES CORP P 0 BOX 96 0020908t R297 025. CAPE COD AGGREGATES CORP P 0 BOX 96 00412850 R297 085. A FR C H O LAW K NAME NEXT 00006518 X M T CAPE COD AGGREGATES CORP BOX 96.1 00413038 R297 086:, CAPE COD AGGREGATES CORP BOX VA., 00413047 R297 087. CAPE COD AGGREGATES CORP P 0 BOX 96 00412985 R297 088. CAPE COD AGGREGATES CORP P 0 BOX 96 00412976 R297 089. CAPE COD AGGREGATES CORP P is BOX 96 00412967 R297 090. CAPE COD AGGREGATES CORP P 0 BOX 96 00412958 R297 091 . c(.lS,-.LA1--Q0 HYANIS RAILROA STANMOR -NC. 00265572 ACCOUNT DELETED A I C'0[l NNETHESIA ASOCIATE 40 ROA 00267035 ACCOUNT DELETED CAPE COD APP,IANCE INC i'__'_'.'.l�-.)I RICHAR 00256760 ACCOUNT DELETED CAPE COD ART G. * . REED 00211639 R299 071 . CAPE COD ART MARY 559 MAIN ST 00396235 ACCOUNT DELETED CAPE COD AUTO BODI' 178 THORNTON DR 00261237 ACCOUNT DELETED CAPE COD AUTO COLLISION & RESTORATION 00342178 PC 328 155. 00% CAPE COD BALOON CO NORWOOD, JENIFER 00262664 PC SOS 118. 000- CAPE COD BANK & TRUST ATTNEDUARTE-RHOD 00127080 R208 085. 00!!5 CAPE COD BANK 307 MAIN ST 00408311 R293 019. 00(::' CAPE COD BANQ 0100''T 307 MAIN ST 00242071 R327 104. CAPE COD BANI -RUST CO r -TN SHARON DUAR 00046462 R099 03O. AH::ii: C"(:) 3CT MAIN ST 00058500 R117 102. CAPE COD BANKS t, in6yo-'r co 307 Mmis ST 00408295 R293 019. 00A TOWU OY Bi NSTABLB - 2A71 TMA INPORM"s oft sYSTM PAGE l �15-3 - 1 , 4 t1cCO0arr STA WQVT'- silm"r 1 + m 25 , 139 . J � E c�i AClCP ©_ 5 J <}() . PULL NAME FROiI TA1U110 IA?CSATiONS/C7D4936RL's No PARCEL ID 11 r' HAYHARD T- GIPFO1M. 71ILLIAM 010 HANNU RD - 4140 013 052 'D 00 C. GIPTORD AHD PRISCILLA S. 610 NA10M RD- GI F1^OBD lt] j FIWSTING DA19t 0At4,,s2 PROPERTY DESCRIPTION/C70PY OP AD 03 LOCATIONS: TOWN IMLL LAND IN IIARNSUBLE AT 01.0 HAXEST RD. $H09N AS LOT 052 QU STATUS: PP PP 1IY 8 Caw PO ASSRSS01t8' M" 013 LUMBDED IN BOOK 1170 PAO& 346 O TAKING OATS. 02/11/92' IB1 EtIBC71TBD CXWTFfl9AQ.1' ISM OATR: 12/11/90 3 RRC'ORDRD: 7872/313 REGISTMED: 2500"00 CBRTIPIBD CASMEP.S OR BANK CWSCK OOE 9Y 400 ON m 4123195 � I' Z it m FUND MAO YUNU t7 T8 FUND FUND KHTR PAYMBN"CS/ I3IIRRST XMTS EST IN - IMT" C4IRRHMY DAILY m Yfl CODE R85CRIP. OATS MIT. AMOUNT MMUbW% PAID V OATS OUR RATE DAYS BALANCE OOMMUTS IRT i=SY � -- ---- ---------- ------•- ------------ ------------ ------------ ----------- ---- ---- -------------- -------------- ------- b] 90 218.46 218.98 71.67 0.00 0.00 0.0000 � 91 3361.07 3303.0'7 1744.74 0.00 0.00 0.0000 Z 92 2554.06 0.00 661.64 1885.58 4,439.63 1-1197 �J1 93 2379.51 0.00 0.00 9060.07 4,439-58 L.041L L 94 2709.56 0.00 0.00 1875.46 4.505.02 L.1878 4rJ 95 2605.57 0.00 0.00 1305.53 3.911-08 L.1422 m 96 3456.31 0.00 0-00 1038.69 4,494.06 1.5147 97 2163.99 0.00 0-00 292.34 3,356.33 1.2991 99 13.32 0-00 0.00 0.00 13_32 0.0000 � ------------ ------------ ----- ---- ----------- ---------- -- -------- O 26283.32 3601.9s 2499-05 0467.65 25,139.02 • 7.3068 s -y-- c `3a 1II620203.323601.952498. i 05 "as T '• 8457.45 a»+ 25,139-02 7.3069 __._..=...=a .>..�....... .._»�...... .......... .i...., .sl:..� ........ g iT o Post-le Fax dote 76-11 oa�a _ � ► u us1lienIngo oF m Cq� fl. 1 ~ 11 m Phone 0 Phone n Kim qb_ �, J Fax f to ae,C,f lib. ARTICLE % (RD40VAL OF SOIL, SAND AND GRAVEL) ' Sruary 19, 1959 at h P.M. a public hearing was held at the Town Office 6. on the application of William A. Jones, Inc. and Allan 111. Jones talon to .remove sand and gravel under the provisions `of Artiole % of of the By-lays of the Town of Barnstable from parcels of land as an on file in the Selectmen's O''fice entitled "Plan Of Land in Hyannis ble, Mass. belonging to Allan F. Jones scale 1" - 2.)0 feet, N-avember 18,1958 and Richard Law, Surveyors" and extending northerly from Route 132 in yy}{ ;the Yid-Cape Highway in the village of Barnstable, aring was properly advertised in accordance with the terms of the by-law. _e K�" ` DECISIUN Jones, Inc. and Allan F. Jones are hereby -ranted permission to f ltt soil, sub-soil, gravel, sand and other earth from the northeasterly I hown on a plan entitled "PIan of Land in Hyannis and Barnstable, Mass. � '` g Allan F. Jones scale 1" - 200 feet November 18 1958" and supposed y (30) acres, subject, however, to the f ollawing conditions t .No sand, gravel, loam or other material shall be removed within ` 'any property line, or within 100 feet of any public road. takes- or other readily visible markers indicating the limits of s eavation under this permit must be maintained at all times in areas . bfAn is in progress. �• Hpurs of Mork must conform to those set forth in the decision of the in i YA material previously excavated withn100 feet of the old County Road .Hyannis to Barnstable must be replaced with suitable solid fill to ►SN fit as may be necessary in the opinion of the Selectmen to protect the � idt more than one entrance and one exit to the area covered by this ,bb allowed. No entrance or exit or combination entrance-exit shall width, violation of the conditions, of this permit shall be sufficient AS ; revocation thereof. This permit was granted for the following reasons: 1. It is one of the very few areas in town where sand " and s gravel of suitable q:iality are available. 2. The area involved is reasonably remote from dwellings t and not nearer thereto than the parcel for which a permit _ is already held. { 3. The conditions impos,.=d with this permit, and the restrictions imposed by the decision of the Board of r Appeals should make the operation of this business relatively unobjectionable. f 4. The operation of this business is of some importance to the eco=my of the town, and a forced removal from these,� premises would work unreasonable hardship upon the 61. owner and his employees. If he were forced out of business fi the prices the town pays for road materials in ght well be ;,' increased through Lack of competition. ! I E 5. It was the feeling of the hoard that the granting ' # of the permit was in the best interest of the community. { �t i I Selectmen of Barns ble : 3 "4` . .G a� 3 § 1 . e J�' =y �_ w�? i { / N' 31 x 3: 3 t .{ z � DFCTSTOI.! T 'TIL Removal of So-1.1 Send ax d vel On June 25, 1966 Pt 10:30 a.m., a public hnar-..nc;- wru-, 11 18 on 'Oho. application of the _e Hyannis Sand E- "Travel Co., irc. at the Toun Of-Jo ce, Building in Hyanriiis for pernilssion to remove to-o soiI, mcb-soil and sand un,?r the r.rovd* *-Oils .s of Article ',.-TTI of Chapter III of the By-!.a7us of the To-,,7n of Barnstable, from a narcel of land shomm as Phase I on a plan on file in the Assessorts Of-fice, entitled, lan of 1^.nd in Birnstable shc:-r. . ing gravel remoml operzation of Hyannis Sand 9t i";rave'l Co., Inc., compiled by Robert G. McGlone, Surveror and T,'l-c-ineer, Mirpert Plaza, H n-s Scale 111-20.0 7t., dated klay 24; 1968 revised July 31, 1968.11 This hearing wz s -uith properly advertised in accordance the terms. of the by-lair, p U U DECISION Hyamnis Sand ec Gravel Co., Inc. is hereby granted permission to remove gravel and sand 1-Yon ":he property Fh%m as Tlhz•.se 1 oil the plan enti-t].cd "Plan of land in Bar 'stable .9 n comp —,-avel removalloperation of Hyarnis ',and ?". (�ravel Co., Irc..., - piled bry- Rbbert G. McGlone., Surveyor and. :1J.rnort ?rl,-.-i7,a s, -Scnle 111-200 Ft d:.-it May 2L 1 19 6 81 s ed Jul-Y 3 1.9 196:8'f I, i ,- i: .- W*p S-ab,"ci- - hr)w;-trcr r� 1:1ic folloi-ring conditions: I No fill or "ravel) or other naterial 0 L_ U ad any propertir line, private roads or public roads, except a 200 -Ift, bu f-Pe-_r U o 11 j" zone must conlir-1,1, T_,nne, Stakes or other readily 'risible niark�-s in"icatinF, the limits of allcrvmb- e3mavation under this pernit must be rmainu ta ihnd at all times in areas IT,"'iE, eycavation is in progress, 2 Not more than one entrance and one e_x-P- to the ;7.rea covered by this -OCr"_:7* shall be allowed. No entrance or axi+ or c 'Hna�-ion entrance-e)dt shal e or, exceed U 110 -rep' in uridth aandt is to be asph-alt covered from the to-gn roa to the -)it. Uj- 3 The petitioner must re-build Fercash Holes 11d. . an ancient unay., &s soon as possible. 14 Al). and junk metal now IT.'nr-, on Vie nrnnorty rrist be disposed o-: ,. Hna! -rade of digainf; 3hall: be no loTier than _1`.,_.i-np:y1s Lane., a public 6 This pernit shall ex.-iladc the )roperty c on,!e-yrd e 1- T,. I L Paul Lorits-so by .9ruce K. Jerauld ated Au�rastu .-',) U,.I:) 1967 reconled in Barznst Co,.,nl-,.r rjjS tr-r 0 f T,eeds F o ok 1.377, U 01. U� _1 L j. C �.he old Coii.n%ir ?, o=.d Any tl�;U -I _Z11. 'y lead-in- from W!Yannis to mu-It- be rcplacrk' wi to suitable solid to protect that road. 81 A at- mu U 1-k-, erectr.%d at ontrance i•Tnxn4_n,� the public of hazardous gls I c iti ons ond. 9 Natural atual f o r a s nrT on n t r)r o f)o r i n o.:-, rT..t:-,t be left undisturbed t, al scr cn, provide a a atllr 10 - nirgi.nr- shall not be conducte:l so as to produco. a cord:i.tion of •fratsr co11e(•tion ,-:i.th resalta.nt st.aTnrat,:�.c�n. 11 - All Z•rood to n must be nut to one side an:l not. remove'a from the site, and no more than one half of sub-soil or hardening is to ne removed from the site. 12 - All s^. oil. riles must be leveled as --York .progresses. 13 - Dead t»ee q, stlzmos and other debris, is to 'oe piled and burned as. soon as weat'ner re.rmits. V/14 - The cash bond of �y100. for each acre ready for reclamation s-all be depositec. th Cane Cod bank to assure com-�aliance ?.z th a specified perr,.ev4l& of time 1. y an agreed by the Selectmen an,l. the pet:l.tioner.(�1.�„����-,�1� ,14-07L4 .� �) (/i ? -� /r�� )� 2 C �ti tJ J .jam.cyf-veil. / 7.5 - This permit 1hall. run .tor sir mo ram, at ifft n time, the Board of Selec_tmea .sh27.1 ro%,ie_i 't `'or rencwal� wJ''�tl'll cvidoncc of reclamation eing shoim to the �o�r1,-<nT^n-� v�,:o of the concl' s,-of this riermit shall 'be suffi- cient c ase for ?ae revoca ,_on ,ncreof, 15 - i nfavorable action is t<alcen on 'base iI and ?base ,TT as shoran on the a7'ore- ment:.oned plan and no excavation of any kind shall bn permitted except in, the area srot•rn as Phase I. , This permit tras granted for the fo7_lmri_n reasons: 1 - It is one of the few areas in the Town of Rarnstable .where sand and gravel of suitable quality are available. 2 . -- The conditions imposed trii h tl:i s permit should ma'::e the operation of this business relatively unobjectionable. 3 - The operation of this business is of some., irmJortance to the econcm; of -the town and a forced removal from these premises would make a hardship upon the orimers. and their employees. they v re forced out of business, the prices the to,•m pays, and the public pay7, For thesermateri.als, might Drell be in- creased through lack of competition. - It wast:^e feeling or the Board that the granting of this per'nit was in the best interest of the commun:i.ty. A true copy Attest: / C7.er1: 0 IL 8eleCt,- eCZ '',,' = �n o. le , d THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I M ^C&L DATA 4. - F�_ `i �r�tt.�':��x�„n,.v"Ya #F.�,� ,e'�y' ?�„w.*��i�`*�yy�;'/yis�,,.• .{+ �S,YC���� �e - T` +y ,,; "+ f i{* / '!^d T _*''v'�r r'tw,sy t•+R',{•: i "•h�,,�y"t�,�'`'""' 2�� kAr'®' �f' 1+'i4 rt 'F�•�yt x q� :i } T 4` r '' }:a,. a r °,� u r }a .` y t 1 k ..,.,� >�vr�'�t+t•� N"i•i43 S J v - 't- F� y� F r + 4� t y µrJ 4 � �1,,+, ���ym%.,,� +,���L+tt.1f,.. 1 °` ��� �'` .•4 �''�trn #_'���`c + f S��.j�4 v'�"�• ,f�{�i+�Y �'�p ••� j t7"' j. .� C,W.�,� IZ ti +ry r � u� .r"' v ++s a_L'z c �.'{}a,m r J`3'� R�•d r c'*�' ' M'-� x 7 :5}C2 V ;''�' +�sa +DO,,,,:+o 's:. S^!Y'`}t k "'1 i4•t� s s + a� .�>� .: 01.9 ,�'D3/�,��t,eat„ w'.,�r t t env+.rR�• I�x.,� � vr+y+'/�Z',�Ji�rv}�yyn'f' • t ��f"w;.:ll"k^4�S,�� ��J�]'t7�� :'"c�+�aq '�1�Wr�1 '� ��b��ip.}A�S19}i'�h�{q•'{t.�y`�,y��.y P�� /� �'... r 4"' � .� x Barra `�' �!; L� L • eeY'n bl Cou�nL�k'��dk�w� �. +-� , v .•�.,n#�'aFy 4^Ait� i&aitw��°�";.s � Y.r s. �, -,t�� v y, - a i+�;i+ 111aohWeLC• AKPORIO'J�r"LpROd6p�`"dej~yR�, ,7kj s*y+ W.��i�'+�P ��" Y� k e *♦` rk l.• �„� Po , Nor[O! ,CeunEy,,�lUeraohrut er�.R i��er�bnanL /� �c ' t` - ,;1 4 1. Zp>u5a '�`'"'�-S4F-'�'�rt��3 t3i�s.�s°t`+,»�rsC' ''�p/t!•� �".'�"'� ;�� �j roi.. r��t„�� Vic.. Y ,r `z ; , 1 r;;or-eoae�disallon pa d..aif0 nx ko i der•llonol ev`. a s• ,ova:es l., , �� ` !'� FLL_ Chose �-�f�}►lthtiit }'plioe�ot � a �'';� !y• g� RY I lb»� !'Da'r�iital+l M tibl x is ' Eir .k �eiA �i�tt ""Ia i•Md NosE�abl'; z -' ri: ea le Cbnn . KUa!ol�etrai ai0 ���'; +`��� n�v ' •�' , d+ oarL ,. • lY .t uhde04� ^l.ad�S+ OF y ••rn�bl . �rlsS3`. �Yi" `'y�,y�,`'./4 y �" r I�� R� tMr rlthJin build! a ea •tnb;RjConnt Naaoeohurett , Yti �.j� ,.. yfx'ypt�= _�� Y nqe LMregn� bqu�bed aynd duasi 4/rri ' g y ♦ 1°'"Y++^w' .(^" j R1i r:..`. Boma* •1 "" by � � N,C' S i F�`�.^Y'".;w�,+,:t�}';1 ��yLs x}/¢r7 � ,[�,,� {�.��e.'+'#..I,C,}, ¢•�I"�ITT �y �/'� f 4 ,•f xoRSHBRLT'4s6t a 'T�+fj t� k� J� �k c adG^^i 1 h',la naS oK orae o Fm r' far 801rtiiBRLT by land twv` r�L y .- 81f•urls�8avagel }+ s. > + +.+' ai 1, ,+?s+`" '� �i + � � os,�or•yrly of,�Ml •!i'cCrer a '� �"b+'�� F1W� f '+''Y+Y`t-a '•� w�ytwya MbBYaALT,�t,rl Ir 'by lan0 ner Or+„loteMrl O+� q l ( '�� ° w �y�i �,r Y' Baeuel Allen e! 1 �' theare ;ttf�ti�c;' ffth` Yh w+ b+tit sk to n Yr i a Bvi[t et sux to prieisee deretit�ln e,dsedvlem"xl11lee P, is u��� k'1y'F� pOrard E:Kelley et altdeted July�27, 1970 and r r y ttoj reeorded,ln'the Barnetrble County,Ragiatr r i a'• ' ��#( ' F a iMy}fir Page 197 • �� Y o[°DeWr !n Book 197E, t ,r x^��. �' i j''F Y!q C�,,:tia t �.♦FFJ'"Y!a, titi`y! .'s Por'ar title°ri[ersnoe to Mf ' .t�r, •a0e o a;deed of Loila Paul e!, t+oruuo;•/k/a, et ala, dated Roj+•ebre t2 t 4 cm brnrtablet0ounty Reglrtr . 908 and r000rded Y o[ Deeda In Book S/Oi i ✓.r*. t . page,,2B2(�t (Birwtable+ Wi lotad�� s'f44 ,tx7> a . '}(iy �•,•F .'7.<'4;1", 1. b`+sue ",&'./,r2 .t a F t.<2 a ,rF• '; N �' r s+ fY }';ili'j+` 9 '� Y,�"f'i f} 4N� . certain lele o[ ii� ln:iaid Be C"Stable,.Barnatable+j f tr F �`.tK� - t>aintyr eu ueetU,�together rtth the bulldln a tMreon eon t 3 F>k ; y �tky i pyy j p rtlenlarly derorlbrd aea[ollgraryr'f 9 i • ��,» > ,A . aK'7' 1' z♦!r•yi'' ?�. +rYt^jS,' "i';ttst�.F{.3.n, t- �=a ', d,.. ' '1�+ containing 8 7 11i& eels aR 12_.l serer ,A y� _r ,.. ate or loar, R 3 aj contain! 1.0 wn.or enPApl�ontalning 1 'Q" µ c <"�� '• ,s if �,�+ � Y,�,.v .... •k ! vh �j '�ys.F� i• 1 a aF x t 1 F f s, 14 'Wt.-E r -v 4,' - t"r y•rF its. }++� 9`r s<$ $�: 2ti j$" .�5 „w.•#�-'. >Yr,IF.R:3, t-u'vw.,, � � {,,..;,t }`j,.. ~- r. �; a.' ;i ... ice` ,� y i'*Y•� - aP.S. In.`�>Jnu" ��'��Y,f-.S s.. •',�'^ *��iw�'�y."`.t�; z�Yr&�,�4s�a::" ° ' ,� .l'" ^" r t 'S i,� 'd& y1;��..^:"Y ,^`2` � y Y F� :"k ,•"•4'�a c. t�t�.ryr� �i, s s.<j" '+°� yt ♦T IF- 6656rL6E48 A =z 'y ;k 7 leaa, oeataibL "0 � '' r . s10r• Or lelaii ��+C• I' c+ � .f�,� �'.� COataiAl 6.00l'1'O!- Ne,-..a •'111 O[ - t ti �� �' �Y.._ • v 9ti. ` qy sAow► oa_a,p o and'eatitleds rPla - n , ' . v�*�� 1a� �t� s�>:aznstablt�rMass:. aca1. 1'!��'200�:�-�r1�1��19Q=i.�Doyl•:''' � ' ,r f.� t ,, t t.Eaginsteiuq`lusociates, #ac.,,31 ;Tatadut 89uar•,-hL.outb, } j whiehxaald plea ls;daly�filadyie:tM Laa0 court'at Dostaa in;Land ' yCosrtles4istsatloa.Cas•sNoa*{/1SS� Ib.;4/158/:lb {1157,^Nor'�1158,- ts� ;& , {Ib sltSlraad:Mo {116/ •tpaMisq) sand *copy:of rhich;:ls.filed with jasnsiabio'.Oounty.A"Istry.-'OC,.Deeds r fro;vhicb;plan reference-is'Made. , s� scare particular d••ci1ptL0_u of sack of the six,(G) granted ,�'-3 �i„+rl�f�,yY -j„f� �C �X•��.1�P rt^ 'C} cur title, rferanaa a dead of_Lonis. iaul i ^sa/ftfa/ et •lsh dat�4 �IIgi986 and recorded with �r Aasastable county Rego r,pe•di.is BOOk sS{01 Ia:Pags 284 p•real-isKw::i t fl Ka ICY):•4'Y" .ys f `S'� 'xC 1 �! 'f'. g;kt >�,.f ' °t �'�514i- Altldv�ll thf Easterl rt 01 a ra;` t 4 ' y ps s # r"f �atslstiOle, keawn as.the LOL • aad bounded and d•scsibed ;y A' €'. ' j�011sf ".'i�-h•`"i '�. :s - <:i r .�' a.7 2v.' � �y-. s < t Sea:; s Q.r; �t.- �. ,:�3 rt r.. ., .- r low�,>< - by land`aor or torssrly of the lairs Of David Y ,�y C Wwtr• di: 1�_Jul S S f J'ti. •�Y A5� JC 4' �': T F by laad+ioneriy of Cbiidsl ao ��� ci ` +I•,`: yt .t+i �r°.�,� �� r'r°t„'-�`'' 5. r.. 3�3"+�1,Fy°,x� 'Y 4 � y � - i 'ask��.�,..� EOOTBPRsy'" by land�`aor or tosaesly''oi David P Levi. �.�� P1 �:;' ' `� 3 o r,br Our:titl•,<d•• deed O[ Esther M: Qagood dated Jamfar/ 3, �i , ' 198! and rewrd•d with,said Barnstable Oeads in.800k 6589, taye /4S ^ '" : : � '' certain l ..s of land'situated in Barnstable, G ns a • nn s usetts, more particularly bounded and ; �bl Cvu ty, � pa r "described as follows Lots d `9, and 10-shown on subdivision. lan 3006ted =,may OeTob•r:21,, 1974 drawn by Wward 6..- Kelley•subdivision. clan filed 1n-: r, r Ot[!ce at Boston ,;a of watch ts.filed in the Lsnd,Registratioa • copy tbe:Barnstoble Reglstry.District-in Land .Ragistratfon Book 278,.Page l3,`rith:csrtliicats of Title 11o:'.JSS23,.to which plan reference is =a& for a:sore partlentar.desctiptioo of each of ths•three (3)41 .granted puree to ^Y',>� " for our''=title, see Doeusaat°iso {il;{S{, :and Certificate of Tit1e.Ao L100771 filed in.Registration'Book-589, Page Sl, ct the .f Barnstable Registry District o[ the Land court L , 1►11 of said'parcel s,.:lots end preallses_are.ronveyed snbJeet benef it,of i:all rights,-'easements i;restrictions, agr•aasnto;and other. r*nces and•appurtenant rights of record U , ' to,tbs esttaat any o!:}tla easy are still Ya levee and applicable Fptopertr lddresss f4►__#i_on '� .-sLA�13�� � . '$arms #A analt , day' �,v�:'-'�r�,t fro Lrtr '.t ,( �'� ' "c t ' s•; v } �.. {1..�- '►t'�V,ice:: ,. ; e j +. A. r- g :z r' .� � n�� � d>.gFls Frt•'A 3, 5 ,.� ,u_, y, .:t. _ \ , �'� 6656P16E z149 yc�l � a�-�. t� -.i����.�� -r �} s� �r y°r''°5`k y... r 1��_�, • d Grantee�a Address: S 1 ttYanalf Sand.Drive P.O.;Boat 96 S z rlY a , m annif, Mafsaehnaattf 1f2TNffiS our hands and aeald if '( dar_ot, March, 1999. i .. a_as 1 t ,�<:.f .. c ti �� E•- J ..;, mod' SAMUZW Tl� ;r.O•f� � 5 k ? .� .Ff! .ef � _ _��. .W1 +ice ��}rt� a c � aC�� ��f��,rr� .,�{�.' try� t� S v tr✓i-�:t'� �pf.� f4 t.. 17 Ot �t�. � '+����' � � �" .ram• h(a 4 ,r 9 �e+ 'Y Y 7g�l4o�y�3'a� '•4Jzfs .a d $ <� 'F l 5 x` ' °r {w,G. :. ,n-3& /4 z �'�:,�' '� �TAse'P�rson:lly app��araa rathi''abovi � t .r.`� g' a 4'n�4;� Jft.oand.ackn(ovledgad'thas+a�lrprppin.Jq"rloS ftx n? 'a n..,4.: .>-�1 J 1L,ra�.esatl t'a�nxd ar:deedykbefore ar ruAt Y . ' t III r. ? 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F .�.'�'•' xr,� Ar �t tti ';r ; '` "`f' yv+',r $- :yyg 4a �j tHyMak r.x t 4;a� s 3'@(z �' 9 n � � >• } a,ypK,ax��'�' irk- Pr x C f,Y'�-•.''4 f M L x, Y J �6r!! ?r3.,,'�T�i4ns;�. n +, e •=L .x Sa r rp; x.iy r, •rtr oral•n..z Oentalal 0 x me -,here Orlin ' oonblal ` 6anosd'OL . all o a N � xS7*'�'�" ahem;on axp r.o!la•d•ntI tied i' � ��s • *91eMOirY'1 i`1903,.4DoYle F, a �, x r• sEtinibbler ifUf:iECi11x1, q0 ►., 4 .a i `•,k Tt "# $, , a IDeglaMlfoq�fusoti•tOsr Iaa`�.�31,�Tetaelcat 6gsaew,i►alsootb.�Maas .F +s', F���,�,3;1 wbu*"said Plari�,fs;drlY�llled in the Lapd[Oasrt at ostaa�la LoM i Ooort!•9lstratlao;deoatlo. {t1SS� ib '�t1Sl.$Ib'k'/ttS7.aMo �11St<r }� u _ ''. : y :,='1q��fi4lya•d/10�attfi�`IP�adinglrtisMd''a�ooP1►of vliteh is !fled viN s*'� � (t ;kl+? itazbUfOomtY.l�9ish7fs'of{O•da�{�to M1eA�Plan zeteeeneexL sadex z -rlor,ia sore particular dasatlp%&WT �eacb�Ot�th• a17t IG1 9rantsdf Y J;t��g��ry�y`M. par��•1/.fLJr � g � < � � M. y �',F/r^'°"}.,{'{5+.+r.• CG4.fi�y� d W "„",v�;,, ���t4tili"rw�16W,: as? � �i�*r��f.�"•.C7 �T`�. �� � f r fedn a dace of Loma 9aoliw�� # �} n,�•$ '# 1'iMiloaz tltl•, LfLere9re i �f $Nth �,s� } *Zorusso•8a/!t/sr�•Gals•'datMlt /).��/106faoA recorded v1N g °� ' }1 , < f`nelt....tn.al+l.coYnnn,,.S,a d1t weeds 1n 11eoR 5404 w• FmsregLsfarcrdl�'v � '' �iE"d' w •• T�. . � , ,i .; ,<'�-1 ._r �^�c�.-�•, uX'�4��,1'�i�"µ*"•C3..,;�'vc�r"` �*�e-�N'�&•+�ic�tt��.�n -.'�s�Ly �� lfx-- eareeia treetfeL weoe eft0a �la�tM>D•abrlyspar!ot� ' � Datosgble.,.ftOewn•u the _ • ,'`anA'booa�0,�'and d•scribed`e��`��'�..�� ` ���`�" r d y ? .t jafta�nowFela ��a xab a e,asd r.r 5 4 S T by to , . . t N.6�1 rn i Oao1d 4, )iallfEOixT ,� x�ab)�Lad tox�srlT o;anna�,Nildsl�; '�� �,,•'a, # ' laid�MC _'9-0101 y° " Stine Kkik�YbeddatedJ"�!� r� . x{�S"y f tt 3 s` vlth10814 tlarns_tsI0eeals`.in 0oo)i-4509. 9age'krtlSo7kR� �jt�'trst„r s. ., ° F Y s Sxs a•.. (eiRt<11nD1O .iry_ishr�Al r` + ,Y Fa.` t s�st N *. :- - r i ��x':. • y.., «} '�•i aifi c� 'y ; a..- "' i�„'.s'.y r .h°,•i4 S' }�{�cd f-, Throe I71'nrtain lob of lane altwted !a Harnabble. ary n w+ kt+ osOtb sore rtleularl bounded and > , ✓� � k� "r t # M•cribad as lollowsrw =�-� � .x ., r'9• r T x it r .,,� 4 � C., >-. �,+1 � 'i '.;K, r✓,;�A -�j;+,.^ s";# .' ,s yr ', ! ,>.gl,Ff'7 k4.,4`• C 'f ''H'! ? fi/ rd r t a d: - Ftl'. r r 1Q - - c4.34;airown on anbei.ision00 is 006., � o lied fnf pi z` d" '1974 drawn-by'Cdrard,WO10 ., t� a tion,OLtica at SuntanaCWr of:wnlchis tllO tbaoarnstable K3} , a "istry,Dlstrictrin Lao 0sglatntlontiECook;370.FPa"r7, r y c �+ ),*wftts'llaztllfub of Title Pq t3SS33.sto which Plan refer—,, ray fi Tit" n xix na0e'tor;a Moro partical".'desctiption 46g.._wach of the three 13! n y� s E a 7 1� lcgrantad%°`reds g5fr.§, s �.,� •�9wr;0us•�tltle sa:Doeoent tb 11t,aS9 sand prtifioate oL ,xs� r �re�t } `&'i ' ? -;cY:Titlicllo:/0077/ 111ad,1n'Qsgistcati�Doot:009•sPsge•Siraot they u; ,� C' "� , gglatrY Mlatriet of the rland OOOrt 7A&�t,4}°:+#' iD II,,y.aFt,�S. .r.1t .�j ,c� �"*,,,�#'�.�:;;�'"•'?.�,•�` _ x ,., 1►ii�of aaid'pare•lsr�lois aM.Pnalses_•rO coewe)ed OwM'•et to. +� �, tc, i ^^ x+ �oltlr.the•NeneEftofr a11�z1Qbts.<•as�ientar restrietlonait � y 1 � £ agreeMni•tw slid Mr eec renews"ocd typortenaut rights,et r•eoid 9 ''- + 7"iw F r'�' `•. to t!r"esatentranyi. tM'oar sreatlll in tors"an0 appilcabL r 3 7t,z y ya+t w�� .. r �h. Waressi� x PbY s: c� IM-Z tfik$�r�'A�4�W�{� 3'ro0�t7 ' t 13t Y t �z tarnftablargatazsachrsetts t» r.xr. t<r ,fi � 'fi., �•• a �`• ,-az'w t 's az �. .� w may+- W, '4, .' '..-� �7' r'Y'-y f t< ..�ry3.�..^ F �; �" �' XT. YY•i,r,T} A.�,•, FT'.t% 3� ,� 4'" ,mac! . ,..x j4Z, +F ti151,'s'1'i, �l Z{' t.,.{ E .. r,ti* 4E, � € 4"" �' S �+* 'K ,c _! r ti '•�tr''Yi�'�-r� ^1 .s. {�'S-"�� '��'�'� �s� Pr js',� r:,�Sf'r��„�.���L•� ,ti.,x s„�c'�' n` '� i''f r+�s"rs�`.` S _ ip 14WO a r�. �'�{a }�4i� y�ty,x +•�� � .r..C� ; �A. 1 �,,� l F,.�'d t.. g � frft:,1 ae+�Y�Y. x5��t�*�x ; a a `'�`���� y#'S. •l�-aa� i 'E.i vY�C+� IS�ff fib :S y�k'�. _ StF .x., s a k xY'R •3,..Yda.u+"r't 'h,"*r, sxC'i""N 1AR'#*'ti',.� '•,•c+,.�s � -§ a i, , III' SUMMARY-1 TOWN OF BARNSTABLE - TAX TITLE INFORMATION SYSTEM PAGE 1 /05/98 14:50 ACCOUNT STATEMENT - SUMMARY ACCT FULL NAME FROM TAKING LOCATIONS/COMMENTS NO PARCEL ID ---------------------------- ------------------------------ ------ --------------- DEMAND DATE: 07/05/90 MAYNARD T. GIFFORD, WILLIAM 810 WAKEBY RD 4140 013 052 C. GIFFORD AND PRISCILLA E. 810 WAKEBY RD. AD DATE: 01/27/92 GIFFORD NEWSPAPER: CAPE COD TIMES POSTING DATE: 01/27/92 PROPERTY DESCRIPTION/COPY OF AD LOCATIONS: TOWN HALL LAND IN BARNSTABLE AT 810 WAKEBY RD. SHOWN AS LOT 052 ON STATUS: PP HY & CENT PO ASSESSORS' MAP 013 RECORDED IN BOOK 1370 PAGE 386 TAKING DATE: 02/11/92 )E) EXECUTED CONTRACT INTR DATE: 06/05/98 RECORDED: 7872/313 REGISTERED: 2500.00 CERTIFIED CASHIERS OR BANK CHECK DUE BY 4s30 ON 6/23/95 FUND FUND FUND X FUND FUND INTR PAYMENTS/ INTREST INTEREST INT. INT. CURRENT DAILY R CODE DESCRIP. DATE INIT. AMOUNT ADJUSTS PAID TO-DATE DUE RATE DAYS BALANCE COMMENTS. INTEREST - ---- ---------- -------- ------------ ------------ ------------ ----------- ---- ---- -------------- --------------- -------- 0 218.88 218.88 71.67 0.00 0.00 0.0000 1 3383.07 3383.07 1744.74 0.00 0.00 0.0000 2 2554.05 0.00 681.64 1673.95 4,228.00 1.1197 3 2379.51 0.00 0.00 1862.93 4,242.44 1.0431 4 2709.56 0.00 0.00 1650.99 4,360.55 1.1878 5 2605.57 0.00 0.00 1089.62 3,695.19 1.1422 6 3455.37 0.00 0.00 752.41 4,207.78 1.5147 7 2963.99 0.00 0.00 46.78 3,010.77 1.2993 9 13.32 0.00 0.00 0.00 13.32 0.0000 ------------ ------------ ------------ ----------- -------------- -------- 20283.32 3601.95 2498.05 7076.68 23,758.05 * 7.3068 ------------ ------------ ------------ ----------- -------------- -------- 20283.32 3601.95 2498.05 7076.68 23,758.05 7.3068 r Apprisal of Property in Barnstable on April 27th 1960. Fair market value of this property by comparison,# by square foot costs, as follows: LAND........ee...e. 2500 Building.......... 16000 Basement w/ room,. 1700 Out-buildings..... boo GBII'ageoeoeeo.e.ee• 2000 TOTAL:.......o...o 22i800 I estimate because of the industry operating nearby and causing noise and dusts that the MAMM VALUE OF THIS PROPERTY is less today in this location* The property Would., if for sales be attractive to a family with children and a this influence abutting could well detract from good sale. In dollar amout it is reasinable to believe that this property could sell for 1800 to $ 2400 under fair MARKET VALUE. Nathan C. Austin: 6 1 � 'tQ • try. ` 1 t �''f!°' � ��`�! 1.;�*� nM1 ��'ye.�};����� of t - Apt +r\1. cjt• r r'£'n'll �' � � - ,.��i�� c�,S,l� ✓. r.. 1.rT �i '!�?i_� ! 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'� ,ar„�. ��'y:;^t'`�'�4��'�" CCal 00 Off 14 •�• �' ,`�f Z�+i _-�� r 3';` fir. 3 d ,;� �. �� n' ��//`I � y�' k p: Q � `` �r. `.. ..:z ,T,.'fir'• ?�! �,-:.. i• • r .it NN .�� �`1 r• r 4 �ftznc 04,� fla DEC E MBER -151 A�-r1cL `�r,a�j,�,•i.'r3��Y � �• 'E�►'��b°��� ��br ��i:Qk9�.E tY ✓���?•f +dl .�.l;i�e'�gj�,y g�`I�' pc ;ijk4-7 t��sN� r•'� Y ^d����,1�k ,"k:y v• s�1��a��'^�►sAt�p7�• �IS'/ *, �c-'�t.�C �b 4yt c, a a.a. �:� tsar��.s aM^YE ra_-, �t.� 1��. �1 •��, L ta�-,t��L .a�J` ,+'at_.�,� �a-y� .Nt4•. �y� 2< ,•. � t /�, ...A. J_Q y � rt f6f. .+i��' i% • ti - e! �,'F":t If� .� ,�^� tr f12� tz�x �'," � t�X rr �, ` w � � f �at•�l ~�S." 4- ��,�' r Y•�� t�i t�•(t� }� t-�a I y y r 2a ��� °' �'i ��R 7l s� �> _ - `-_F a, �4�� �;q�,Y !. t- f o. � ( ) �.. A �`'�J1-ey C...� '�n "e -'avb'�$sr�.s^ °�`�- Y �'• '-s"; 3�S'�.� �c`i t (��: t ., R'/ ,,!!•• y, r rgW.e. 9 i �r*'`}�.w-� i��ko$,L,.� `t'f�,4,�q,,a i 1r�.„ ! 1£�'�- �\'�_�._ � •'� ' '~3", �'n.�� 'qa mow-_ �'?� -YS •= :-e �•�# t`hY o s ,;�\a,��r�'> ''• '�a a .� _•-y: ,,,�"�'ou �'��f ` ��,�`� ��ti..v<..i.....- � - a -r.: � ti t- �L m.����-;. �� -'`a•j�.._-xa_,•.w- -' - ��?"''°l*h► � c.. ��l9J i I • v s` 71+ I ' bass r PR Yq Prz- 6If Ll �®��' J� ems• �� " :7...Va ,. ! l v i / l _ Af t v0 y f.. 1 I �p3A 3 8Z680 Z°Qo (A --0 i to �' C,4/V,67 i 000 746900 a ..,., z- _ AIA s LANDERS - l5.83A 437oo /3f2 p 1�' 2oG mill,, I Z085¢ TOWN OF FALMO4 (7Q w (� - OI - 0/ � — '� = 1- �l(oCojOC� ' 19 30 ®pVoZd9fo . y ry O ARsq ' C- Z0.0 A obv 1cioi 400 1 r ► - .L:�. /. ,_ � ti� �S'700 . 24957 .� t/90 71F. 6 4-.9Zq 110- ti4) 34 AIs /•. 0.17A /7147 sf 4 L.C. 34B30 3 p► 3 >P�7B 34 s9 _ O/ /8360 sf. /7b57 /3 40s //2.07 Ac. 0 pI /L f> T W'4 Y /oK - /,329. s 3` /9360 1 y w �a Alf- liltPA 11 �` •p " 1, f � , 1 1\\ PoA. a ' m Z a HAG t HWAy 1 • I K QO.S I a4 .424 ' 153'3 - 1^C LSo�c 43 25 ° d 3 0 0 ® � 20 � a 40 g 1� dL O llry 44C �s •33<t 1.1 w G 4 O Al ..y 23 W 1.33 Ac `,^ = 19 W Q 144 PC 2' J Q J ° \7 ao R 17 I.00.c N • 3.p 4C 22 S 3 .43 AC r A' I.oL nL } 4? 54_ O IB _2 sL 31AC _ Is♦ > 1.oZ & Q L.tr"m USE. / Lol/1 AW V 's REV BY AV/; +s a4. y is � � ~•L,'• M.t15-Si V ORIGINAL ISSU 2b6 277 298 - 2S5 276 29T 254 2TS 296 Public Hearing Procedures for the Issuance of Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable 1. Authority to Issue Permit Town of Barnstable General Ordinances Chapter III, Public Health, Safety, Welfare, Convenience and Good Order Article XIII, Removal of Soil, Sand and Gravel and Sand Pits. 2. Official Authorized to Issue Permit Town Manager. 3. Public Hearing Application Procedures The Town Manager shall utilize the Town's Site Plan Review process in order to obtain appropriate staff input for the issuance of this permit. a) Site Plan Review: File application with Building Division. b) Upon completion of Site Plan Review, Building Commissioner will forward all recommendations to Town Manager for review. Town Manager will schedule a Public Hearing within a reasonable time. If review/approval by the Zoning Board of Appeals or Cape Cod Commission is required, such referral will be made at this time and further proceedings under this process will be suspended until action is taken. 4. Notice to All Interested Parties a) Advertise in newspaper. Ad placed by Town Manager not less than two (2) weeks before hearing. Ad paid by applicant. b) Notice sent by the applicant to property owners within 300 feet(as given in the Town of Barnstable Assessor's Book) by certified mail, return receipt requested(green card). The green card is presented to the Town Manager at hearing, along with a copy of the hearing notice provided. 5. Town Manager will conduct the hearing by: a) • Reading legal notice • Hear applicant's presentation • Hear Town officials • Hear abutters • Hear boards, citizens, community organizations, and others Note: Town Manager may impose a time limit on presentations by abutters, citizens, and community organizations. b) The Town Manager shall, after hearing all testimony relevant to the application, make a determination to close the hearing, continue the hearing, or keep the record open for a specified period of time for the introduction of additional testimony. 1 Y 6. Issuance Determination on Application for a Permit a) Following the hearing, the Town Manager shall issue a determination on the application within a reasonable period of time. b) The determination of the Town Manager shall be sent to the applicant in writing. c) The determination of the Town Manager shall also be filed in the office of the Town Clerk. d) Town Manager may impose conditions on the permit. 7. Permit Length The permit shall be valid for one (1)year from date of issuance, and shall be renewable. 8. Fees Permit Application Fee $50.00 9. Bond At the time the permit is approved,the posting of a bond shall be required in the amount that shall be sufficient to cover the closure plan as approved by the Town Manager. Enclosures: Town of Barnstable General Ordinances Chapter III, Public Health, Safety, Welfare, Convenience and Good Order Article XIII, Removal of Soil, Sand and Gravel and Sand Pits Application Permit JG/11 phpsandp f ` of t"E rOk. „RNMBIZ, : The Town of Barnstable 9�'pr1 619. p`e� Office of Town Manager 367 Main Street, Hyannis MA 02601 Office: 508-790-6205 James D. Tinsley, CPA Fax: 508-790-6226 Town Manager Mary Jacobs Assistant Town Manager Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable (Chapter III, Article XIII) Date Applicant Name Applicant Address Corp. Name D.B.A. Address of Property To be Permitted Mailing Address Assessor's Map# Parcel# Zoning Property Owner Owner's Address Manager of Operations Manager Address Tel. # Reviewed by Site Plan: Building Commissioner Date Approved by Town Manager: Town Manager Date Expires Permit may be subject to conditions, see attached. sndptfrm Fence or Barrier All operations shall construct outside of the work limit a fence wall or earthen barrier at least 6 feet high, or by a strip of dense plantings, which will form a dense year round screen. Buffer area All operations shall stay within 100 feet of lot lines and shell be maintained in a natural condition without clearing or cutting of trees, bushes, and vegetation. Noise and Dust All operations shall have practices to minimize noise and dust. No slope shall be steeper than 3:1. Slope shall be in such a manner that the erosion shall not infringe on the buffer area established. Fill The type of fill shall not contain hazardous waste/material, stumps/trees, brush unless approved. Note: Hazardous waste as defined in Town of Barnstable Zoning, Section 7 definition. word/j/sand1)iUstn(Iards ,l MAP R100 Par 009 MAP R100 Par 008 Owners: John A. & Joan E. Aalto Owner: EAC Disoposal Inc. 150 Walnut Street 79 North Pearl Street Marstons Mills, MA 02648 (Cape Resources) Albany,NY 12201 Sandpit Location: Old Falmouth Road Sandpit Location: Old Falmouth Road Marstons Mills, MA Marstons Mills, MA MAP R013 MAP R295 004.011 Owners: Harriet P. Hayward Owner: Cape Cod Aggregates William Gifford Sam Lorusso 800 Wakeby Road Box 96 Marstons Mills, MA 02648 Hyannis, MA 02601 Owners: Gifford Brothers, Inc. Sandpit Location: Phinney's Lane Christopher Keys Hyannis, MA Attorney: Gregory M. Downs, Esq. Losordo & Downs 78 Rte. 6A Box 1637 Sandwich, MA Sandpit Location: 810 Wakeby Road Marstons Mills, MA word/j/sondpit/propown Letter to applicant The Town of Barnstable is reviewing Article XIII, Removal of Soil, Sand and Gravel and Sand Pits, finds that you as land owner are not permitted as required. The Town of Barnstable requests of you as land owner to make application to the Town to start the permit process. The process is as follows: 1. Meeting to discuss the application process. 2. Application to the Building Division for site plan review. 3. Site plan review will forward it recommendation to the Town Manager for a public hearing. 4. Upon the close of the public hearing, the Town Manager shall issue a determination on the application. For your convenience, we have included an application for site plan review and a permit application. If you have any, questions on this matter, please call the Town Manager, 790-6205, Building Division, 790-6227, Licensing, 790-6252, and Public Health, 790- 6265. HYANNIS SAND Dec. 30, 1952 Board of selectmen granted a permit for the removal of sand, gravel, and wood loam. After 1952 Asphalt plant erected (NO PERMIT). 1958 Stone crushing plant erected (NO PERMIT). Nov. 19, 1958 Application to the Board of Appeals for: 1. Asphalt plant 2. Stone crushing plant 3. Sand and gravel removal 4. Storage of machinery and equipment Feb. 19, 1959 Board of Appeals hearing: 1. Referred to the Board of Selectmen that part of the application which related to the extension of the sand and gravel operation 2. Set condition by which the operation will be run Dec. 29, 1958 Approved by ZBA on asphalt and stone plants. July 3, 1959 Justice of the Superior Court stated that the decision of the Board of Appeals for the plants was in excess of its authority and was canceled. June 25, 1968 Public Hearing for Hyannis Sand and Gravel Company. 1. Granted permission - with conditions 2. Permit is for 6 moths with review word/j/sandpit/hyasand r DRAFT - DISCUSSION ONLY Public Hearing Procedures for the Issuance of Permit to Remove Soil, Sand and Gravel, and Sand Pits within the Town of Barnstable 1. Authority to Issue Permit: Town of Barnstable General Ordinances Chapter III, Public Health, Safety, Welfare, Convenience and Good Order Article XIII. Removal of Soil, Sand and Gravel and Sand Pits. 2. Official Authorized to Issue Permit: Town Manager 3. Public Hearing Application Procedures: a) Applicant shall complete and submit to the Office of the Town Manager a completed application. The application fee shall be paid upon submittal. b) The Office of the Town Manager shall schedule a public hearing on said application within thirty (30) days upon receipt of the application. 4. Public Hearing Procedure: a) Every person or organization shall state name, address, affiliation or interest. In general, there shall be a five minute limitation on presentation of testimony for each party of interest. b) The Town Manager shall first recognize the applicant for permit in order that he/she may present to the Town Manager the justification and need for said permit, utilizing the information and data supplied upon the completed application as well as any additional information related specifically to the permit request. c) The Town Manager shall next recognize interested parties for the purpose of soliciting their input to the Town Manager. Parties of interest shall be recognized in the order as follows: I. Property owners within three hundred feet(300) of the property boundaries for the property subject to issuance of a permit. II. Representatives from the following town boards: Conservation, Health, Planning, Town Council. III. Representatives from Water Districts/Water Company within the Town of Barnstable. IV. Representatives from town boards in abutting communities: Conservation, Health, Planning, Board of Selectmen, Water Department/Districts. V. Representatives from the Cape Cod Commission, Massachusetts Department of Environmental Protection. VI. Other interested citizens, boards, community organizations. VII. The Town Manager shall, after hearing all testimony relevant to the application for permit, determine to close the hearing, continue the hearing, keep the record open for a determined period of time for the production of additional testimony. 5. Issuance Determination on Application for a Permit: a) Upon the close of the hearing, the Town Manager shall issue a determination on the application within.fourteen days of the close of the hearing. b) The determination of the Town Manager shall be sent to the applicant, certified mail, return receipt requested. c) The determination of the Town Manager shall also be recorded in the office of the Town Clerk. 6. Permit Length: q:\twn mg r\wpfi le s\ru les reg s\sgperm it.d oc\wj r2/1 0/97 I r DRAFT - DISCUSSION ONLY . The permit shall be valid for one year from date of issuance, and shall be renewable subject to completion by the applicant of the procedures for issuance as outlined herein. Enclosures: Town of Barnstable General Ordinances Chapter III, Public Health, Safety, Welfare, Convenience and Good Order Article XIII. Removal of Soil, Sand and Gravel and Sand Pits Application Permit qAtwn mg r\wpfi les\ru les regs\sg permit.doc\wj r2/1 0/97 , DRAFT - DISCUSSION ONLY. ARTICLE XIII. REMOVAL OF SOIL, SAND AND GRAVEL AND SAND PITS Section 1.. No top soil, sub soil, gravel, sand or other earth may be removed from the Town of Barnstable without first.having obtained a permit from the Town Manager. A permit, with conditions imposed where necessary, may be issued for the removal of top soil, sub soil, gravel, sand, and other earth if the Town Manager, after a public hearing,shall so order provided that no such permit shall be granted except upon written application and after a public hearing of parties interested and consideration of their evidence by the Town Manager; notice of said hearing being given by publication of the time and place thereof in a local newspaper not less than two weeks before said hearing, the expense of publication to be borne by the petitioner. After such a hearing the Town Manager shall render a decision in writing stating the decision and the reasons therefor and file the decision wit,1 the Town Clerk and send a copy thereof to the applicant. Such permit may be renewed. Section 2. No top soil or sub soil shall be removed from place to place within the Town of Barnstable from an area of ground consisting of more than 5000 square feet unless.the person removing such top soil or sub soil shall replant the entire area of such removal with rye, vetch, wheat, legumes or other soil improving plants, or plant with a permanent cover crop or reforest the area. Section 3. No sand or gravel shall be removed from place to place within the Town of Barnstable, except that a sand and gravel pit may be open and used for such purpose if it is located 100 feet or more from a street line and no more than one entry and one exit, provided a permit is first obtained from the Town Manager, after a public hearing has been held as set forth in Section 1. The owner or owners of.all sand and gravel pits shall burn or cart to the town dumping area all dead trees and shrubs when any area amounting to more than 5,000 square feet becomes unsuited for further use, .and in such cases the area shall be replanted with trees or shrubs to prevent soil erosion. Amended March 6, 1965. Approved March 25, 1965. Rescission of old text. Adoption of new text. Section 4. The foregoing ordinances shall not apply to land in public use nor shall they apply to the case of materials removed or excavated for the purpose of improving, grading, landscaping, cultivating the ground, nor for construction of buildings and the making of public or private improvements. Section 5. Any person violating the provisions of this ordinance shall be punished by a fine not to exceed fifty ($50.00) dollars for the first offense, one hundred ($100.00) dollars for the second offense and two hundred a'$200.00) for each subsequent offense. Adopted May 21, 1951. Approved July 5, 1951. Amended May 18, 1976. Approved September 13, 1976. Fine amount changed. q:\twnmgf\wpfiles\rulesregs\sgpermit.doc\wjr2/10/97 DRAFT - DISCUSSION ONLY . Application Form for the Issuance of Permit to Remove Soil, Sand and Gravel, and Sand Pits within the Town of Barnstable Application Date: Owners Name:(print) signature Applicants name: Applicant Address: Applicant Phone: Location of Area to be Permitted: Street Address Village Assessor Lot and Map Number Purpose for Application: (Note: All applicants shall reference which Section of Article XIII for which a permit is requested. Permits may be issued pursuant to Section 1, Section 2, or Section 3. An application may request a permit for more than one Section, but must state so. All applicants must provide a statement of intended use for the permit. REQUIREMENTS FOR APPLICATION 1. A legal description of the property and evidence of ownership. The petition must be signed by the owner. 2. Plans prepared by a Civil Engineer or Land Surveyor, registered in the State of Massachusetts containing the following information: A Site Plan, a) Topographic Map: Enclose with application a certified topographic map of the land subject to permitting. The map shall indicate clearly, limits of current excavation, limits of proposed excavation. b) Typical cross sections showing extent of deposits, groundwater table and proposed depths of excavations. c) Fencing and Setbacks: Detail the plan for fencing the perimeter of the land proposed for permitting, including height of the proposed fencing and the setback from adjoining abutter property lines and roadways. q:\twnmgt\wpfiles\rulesregs\sgpermit.doc\wjr2/10/97 4 DRAFT - DISCUSSION ONLY d) Distance to Groundwater: Detail from groundwater monitoring well test data, the existing groundwater level for the land proposed for permitting. The distance from a finally mined plan to the groundwater shall be not less than four(4) feet. e) Location of processing and storage areas,and building structures. f) Location of all easement and rights of way on the property, access roads and drives, and truck access routes. g) Operating practices to be used to minimize noise and dust B. Closure Plan Provide the following in map and narrative form where appropraiet, indicating the following: a) Final grades after reclamation. No slope shall be steeper than 3:1. b) The proposed source and type of fill that will be utilized, and depth of topsoil. c) Slope stabilization and erosion control methods, and re-vegetation plan. d) Time frame for closure, include any proposed phasing of operations and closure. A phased plan shall indicate.area and extent of each phase. 3. Wells. The applicant's engineer or other competent professional.such as a hydrogeologist, shall identify any public or private wells serving properties in the vicinity of the proposed excavations. The impact of excavations upon water tables and these wells shall be assessed by a competant professional such as hyrogeologist. The town manager may also require an assessment of the impact on any public well potentially affected by changes in conditions in the aquifer. 4. Zoning:) Applicant certification that proposed use is in compliance with Zoning Ordinances of Town of Barnstable. If the applicant is claiiming a non-conforming status of operations, the applicabnt shall indicate the extent of ownership of lands at the time that the property became non-conforming. 5. Posting of Security:) Posting of security in the manner of either an escrow account, letter of credit or performance bond is required. Should the amount of security required be less than $ 15,000, an escrow account will be utilized. Prior to acceptance of either a letter of credit or performance bond, the Town Treasurer shall render a recommendation to the Town Manager relative to surety of the instrument so profered by the applicant, and the Town Attorney shall render an opinion as to the form of the security The amount of the security shall be sufficient to ensure the implementation of the closure plan, at the time closure is proposed. The applicant's engineer shall submit written cost estimates for implementation of the closure plan. Notification of Abutters:) Upon submittal of this application, the applicant shall certify his/her notification by certified mail return receipt requested, the following: All property owners within three hundred feet(300) of the property boundaries for the property subject to issuance of a permit. The following Town of Barnstable multiple member boards: Conservation, Health, Planning, Town Council. The relevant Water Districts/Water Company within the Town of Barnstable. The town boards in abutting communities: Conservation, Health, Planning, Board of Selectmen, Water Department/Districts. The Cape Cod Commission, Massachusetts Department of Environmental Protection. The applicant shall provide a written listing of all persons or parties of interest so notified at the time of application. q:\twnmgr\wpfiles\rulesregs\sg permit.doc\wjr2/10/97 DRAFT - DISCUSSION ONLY Town Staff Review for Application Legal description of the property: Complete Yes No. Comments: Site Plan: Complete Yes No. Comments: Closure Plan: Complete Yes No.: Comments: Public/private well impacts: Yes No Comments: Zoning: Area Zoned for Proposed Use? Yes No. Comments: Amount of security Yes No. Comments: Approval of security Town Treasurer Town Attorney Notification: Complete Yes No. Comments: q:ltwnmghwpfileslrulesregslsgperm it.doclwjr2/10/97 6 w o� 0 Ilt N.r1.1 IL u r.lr � 11/1AI�o(j-a"' o11111 tIM a'tet A7 011 A W A e1r1 too(I 4•`t t 16aC tot It 1-.41. tat 11 .Imna p I111/e14 tot IS p E o T E i O tat It 10 / //tot II 1� tal tl ti a C f tot a lol u/ If P A� Z / If dp rf lOf O , 101 11 101 it loI1 � j' 4 �' � 7 V tag to v l O iN a �.1 tot It tot 1 tog 0 / (t4� / . �..��,./ \ 1 of 7\ /r 0 2 IT tag 19 tot)1 / ? tat at tot 1 tat r j 7 / tog t / tal 17 / tog 74 tot II tot t/ tot IQ —t01.1 let M to Irl n 1000.. lot tot 11 k """or„`i" tots ABAIID LIED CD) 1.1 FIWEAEII ECIRIC rYC un/o01 tot it - . rtr L. tat If V.e lot a lot q uue 1 in pt.a1 a � Selo Hr/l v. •� — —— ——— ———_ — hr t 1 —— I ' tat 11 I 1' l01 11 ii/•`tt II tot J tot I6 7 tat fI � 1t u � t tot to tat ft r+ar1Y j �rl 4s l01 10 ''l01 71 ...TTTX tog I 101 f tot II tot 1f tott- / tr'e lal f1 l0!>o lDi 11 tot If ,ram la,43 t01 II lfJ-Z 11 1 1171 IC lewt N Subdivision �b- 6 6 Department of Planning and Development + oUI OF BARNSTABIL, ,..,DECISION UNDER ARTIC ,JI - Removal. of Soils Sand a.nd,_gavel On June 25, 1968 at 10:30 a.m., a public hearing; was held on the application of the Hyannis Sand & Gravel Co., Inc. at the Tozm •Office Building in Hyannis for permission to remove top ,037., sub-soil and sand un(Icr the T.)rovisicin:� of Article XIIT of Chapter III of the, By-Iays of the Town of Barnstable, 'from a. parcel of land shown as Phase I on a plan on file in the Assessor's Office, entitled, "Plan of land in Barnstable show- ing gravel removal operation of Hyannis Sand et rravel Co., Inc., compiled by Robert G. McGlone, Surveyor and 7ri-i.ncer, Airport Plaza, Hyannis, Scale 1"-200 Ft., dated May 24, 1968, revised July 31: 1968.11 This hearing; was properly- advertised in accordance with the terms of the by-law. DF:C iS ION Hyannis Sand L Gravel Co., Inc. is hereby granted permission to remove gravel and sand from the property Fhotim as Phase I on the plan entitled, "Plan of land in Barnstable showing gravel removal operation of.Hyannis Sand ev Gravel Co., Inc., compiled by Robert G. McGlone, Surveyor and Engineer, .U.rport Plaza, Hyannis, Scale 1"-200 Ft.t te Ifay 24, 1968, revised July 31, 1960311. Sub j,ct• .- bow,lrcr - to t..iie following conditions• 1 - No fill or gravel, or otner material, shall be removed ?within 100 feet of any property line, private roads or public roads, except a 200 ft. buffer zone must continue on P'.ninnnyts Lane. - Stakes or other readily visible markers indicating the limits of allowable e=avation under this permit must be maintainrid at all times in areas i-rher erc.Ivation is in p-^ogross. 2 - Not more than one entrance and ono. exi t to the ,area covered by this permit shall be allowed. No entrance or ax-it, or combination entrance-exit shall. exceed 40 feet in width and it is to be asphalt covered from the town road to the nit. 3 - The petitioner must re-build Tre,sn Holes R6., arl ancient wad*, as soon as possible. 4 - All. rubbish and junk metal now lyi.nrr on Vie property must be disposed of. 5 - Final grade of di Bring shall be no lower than Phinneyts Lare, a public ways 6 - This permit shall ex^Iiido the property conveyed to L. Paul Lorusso by Bruce K. Jerauld, ct ali, :fated August 18, 1967 and reconied in Barnstable County lZeaistry Of Deeds, Book 1.377, f'ago 1.103. 7 - Any material pre,ri_ouslyexcavated within 100 ft. of the old County Road 1ead.`Mg, from Hyannis to 11arnstable must be .replaced :with suitable solid fi. to nrotact that road. 8 - A gat^ must be erected at the entrance warning the public of hazardous conditions. 9 Natural .flora exista.ng*, on joint nroporty lines rav--t be left undisturbed to provide a natural. screen. 10 Di gging shall not be conducted so as to produco a cond-I.tion of water 0 collection i-:ith. resultant stagnatll.on. 11 All wood loam mu.s�t be out to one si,.te -.m,J not from (Ain rite, and no more than one half of sub-soil or hardening is to be removed from the site. 10 All roil piles must be leveled as work progresses. 13 T)ead tree-,5 stiimns and other debris i!3 to ',)e piled and burned as soon as - weat'ner permits. The cash bond of $100, for each acre ready for reclamation sr-all be deposited Initb P. Cape Cod bank to assure. compliance i,zith a specified period of time as agreed by the Selectmen and the petitioner. 3.5 This permit shall, run for sir, months., at which time, the Board of Selectmen 7,hall r-.-vicw it for ronmTal with, cvidonco of reclamation being shown to the 13,.)a--d. onrl ,,^,ny violation of 1,hp conditions of this permit shall 'be suffi- cient cause for the, revocation thnrcof. 16 JTrifavorable action is taken on Phase II and Phase III as shown on the afore- mcntf.oned plan and no excavation of any kind shall be permitted- except in the area shown a5 Phase I. This permit i.,as granted for the folloidi.n" rrar,-ons: Tt is one of the few areas in the Town of Rarnsta-ble where sand and gravel of suitable quality are available. 2 The conditions imposed with this permit should make the operation of this business relatively unobjectionable. 3 The operation of this business is of some importance to the economy of the town and a forced removal from these -premises would make a hardship upon the (nmers and their employees. If they were forced out of businessj, the prices the town pays, and' the public pays "or these"materials, might well be in- creased through lack of competition, 4 It was the feeling of the Board that the granting of this permit was in the best interest of the community. A true copy Attest: Clerk of Selectmen— Se .ectmen of . able t n-3able ARTICLE XIII. REMOVAL OF SOIL, SAND AND GRAVEL AND SAND PITS Section 1.. No top soil, sub soil, gravel, sand or other earth may be removed from the Town of Barnstable without first having obtained a permit from the Town Manager. A permit, with conditions imposed where necessary, may be issued for the removal of top soil, sub soil, gravel, sand, and other earth if the Town Manager, after a public hearing, shall so order provided that no such permit shall be granted except upon written application and after a public hearing of parties interested and consideration of their evidence by the Town Manager; notice of said hearing being given by publication of the time and place thereof in a local newspaper not less than two weeks before said hearing, the expense of publication to be borne by the petitioner. After such a hearing the Town Manager shall render a decision in writing stating the decision and the reasons therefor and file the decision with the Town Clerk and send a copy thereof to the applicant. Such permit may be renewed. Section 2. No top soil or sub soil shall be removed from place to place within the Town of Barnstable from an area of ground consisting of more than 5000 square feet unless the person removing such top soil or sub soil shall replant the entire area of such removal with rye, vetch, wheat, legumes or other soil improving plants, or plant with a permanent cover crop or reforest the area. Section 3. No sand or gravel shall be removed from place to place within the Town of Barnstable, except that a sand and gravel pit may be open and used for such purpose if it is located 100 feet or more from a street line and no more than one entry and one exit, provided a permit is first obtained from the Town Manager, after a public hearing has been held as set forth in Section 1. The owner or owners of all sand and gravel pits shall burn or cart to the town dumping area all dead trees and shrubs when any area amounting to more than 5,000 square feet becomes unsuited for further use, and in such cases the area shall be replanted with trees or shrubs to prevent soil erosion. Amended March 6, 1965. Approved March 25, 1965, Rescission of old text. Adoption of new text. Section 4. The foregoing ordinances shall not apply to land in public use nor shall they apply to the case of materials removed or excavated for the purpose of improving, grading, landscaping, cultivating the ground, nor for construction of buildings and the making of public or private improvements. Section 5. Any person violating the provisions of this ordinance shall be punished by a fine not to exceed fifty ($50.00) dollars for the first offense, one hundred ($100.00) dollars for the second offense and two hundred ($200.00) for each subsequent offense. Adopted May 21, 1951. Approved July 5, 1951. Amended May 18, 1976. Approved September 13, 1976. Fine amount changed. q:\twnmgr\wpfiles\rulesregs\sgpermit.doc\wjrl/22/97 I MAP R100 Par 009 MAP R100 Par 008 Owners: John A. & Joan E. AaltoOwner: EAC Disoposal Inc. 150 Walnut Street 79 North Pearl Street Marstons Mills, MA 02648 (Cape Resources) Albany,NY 12201 Sandpit Location: Old Falmouth Road Sandpit Location: Old Falmouth Road Marstons Mills, MA Marstons Mills, MA MAP R013 MAP R295 004.011 Owners: Harriet P. Hayward Owner: Cape Cod Aggregates William Gifford Sam Lorusso 800 Wakeby Road Box 96 Marstons Mills, MA 02648 Hyannis, MA 02601 Owners: Gifford Brothers, Inc. Sandpit Location: Phinney's Lane Christopher Keys Hyannis, MA Attorney: Gregory M. Downs, Esq. Losordo & Downs 78 Rte. 6A Box 1637 Sandwich, MA Sandpit Location: 810 Wakeby Road Marstons Mills, MA word/j/sandpit/propown y DECISION OF FALMOUTH ZONING BOARD OF APPEALS APPEAL NO: 103-95 APPLICANT: CAPE COD AGGREGATES CORP. of Hyannis,Ma. LOCATION OF PROPERTY: OFF BLACKSMITH SHOP ROAD, WEST FALMOUTH MAP 22, SECTION 1, PARCEL 8A, LOT 14 MAP 23, SECTION 3 PARCEL 14A, LOT 13 MAP 23, SECTION 3, PARCEL 148, LOT 15 MAP 23, SECTION 3, PARCEL 14C, LOT 17 Under a date of August 23, 1995, Cape Cod Aggregates Corp. of Hyannis, Ma., applied to the Zoning Board of Appeals under Article 29, Section 240-150 through 157 and Article 42, Section 240-3 of the Code of Falmouth to renew the earth removal Special Permit #64-89 and #116-92 which was granted for a three year period. The location of the property is off Blacksmith Shop Road, West Falmouth and shown on the above mentioned Assessor's Maps. Applicant filed appropriate plans and papers in accordance with the Board of Appeals Rules and Regulations. A public hearing was held on September 27, 1995, of which notice was duly given as required by Section 11, Chapter 40A, M.G.L., as well as notices sent by mail to all persons deemed to be affected thereby as they appear on the tax list, and at which hearing all parties desiring to be heard were heard. John Doyle of Doyle Engineering, representing the applicant, gave a history of the large parcel of approximately 60 acres. The property has previously been granted two special permits allowing the mining of the property. The parcel is to be mined in 60,000 square foot sections, with an on-site inspection by the Town Engineer and the Building Commissioner to determine if the conditions of the special permit have been satisfactorily complied with. Mr. Doyle explained that Sections A,B,C,and D were completed in 1992; Sections E and F have recently been completed; and they are presently working in Sections G,H,and I. Commissioner Gore and Town Engineer Calise have inspected the five completed sections and signed the State of Compliance Form. The By-law precludes the Board of Appeals from granting a special permit for more than a three year period, the existing permit will expire on October 29, 1995. Mr. Doyle stated this request is to allow the work to proceed for an additional three year period. The Board of Appeals, after carefully considering all of the facts and evidence submitted at the hearing, makes the following findings: The locus is approximately 60 acres of Agriculturally zoned land suitable for the earthmoving operation and adequate in terms of size. Deer trails have been delineated on the ground and on the plans. The applicant has provided adequate buffer zones and the areas to be left undisturbed. The applicant was reminded of and has indicated on the plan a 200' buffer zone abutting the O'Brien property as outlined in condition #3 of the original special permit which has been carried forward. The Board finds there will not be an adverse impact on traffic flow or safety by the continuation of the excavating project. An alternate exit has been provided should the applicant be prohibited from using the access over the town's property. The locus must be reclaimed in accordance with the conditions of the original special permit so that when the mining has been completed, there will be no adverse visual effects on the neighborhood. There is no evidence of a drainage problem on the site or that one will be created as a result of this modification to extend the permit. Other criteria to be considered in Section 240-216 are not applicable to this particular application. DECISION OF FALMOUTH ZONING BOARD OF APPEALS APPEAL NO: 103-95 APPLICANT: CAPE COD AGGREGATES PAGE 2 The Zoning By-law in effect at the time the original special permit was granted allowed only a three year permit, with renewals thereafter, with inspections to ensure that the work was proceeding in compliance as represented and approved, The Board further finds that there will be no adverse impacts which overbalance the beneficial impacts of providing this much needed sand and gravel operation within the Town. It is the opinion of this Board that to grant a modification allowing the continuance of this operation will be in harmony with the general purpose and intent of the zoning by-law. NOW THEREFORE BE IT RESOLVED, that the Board of Appeals, being of the opinion aforesaid and acting under the provisions of the Code of Falmouth, hereby unanimously votes to GRANT a modification to Special Permit #64-89 and #116-92 which allowed under Article 42 and Article 29 the earthmoving operation at the Lorusso property located off Blacksmith Shop Road, Hatchville, which consists of approximately 60 acres. This modification allows the work to continue for an additional three year period. This permit is subject to the following conditions: 1. This special permit expires three years from the date this permit is filed with the Town Clerk, although the permit may be renewed for additional periods in the same manner. 2. All of the conditions outlined in Special Permit 64-89 shall remain in effect. DECISION OF FALMOUTH ZbNLNG BOARD OF APPEALS APPEAL NO: 103-95 APPLICANT: CAPE COD AGGREGATES PAGE 3 ACTION: The Board of Appeals, consisting of John P. Taylor, Priscilla F. Roslansl and John P. Vidal , being all present and voting as follows: VOTE TO: GRANT TAYLOR: -,e—q 4' _ _ IIIJJJ VIDAL: Priscilla F. Roslansky, ZONING BOARD OF APPEALS ROSLANSKY: �J DATE: October 6, 1995 Notice is hereby given that any appeal L om this decision shall be made pursuant to Section 17 of Hassachusetts General Lawn, Chapter 40A, and shall be filed within tventy(20) days after the date of filing of this decision in the office of the Town Clerk. TOWN OF FALMOUTH TOWN CLERK-TOWN TREASURER l DECISION OF FALMOUTH ZONING BOARD OF APPEALS APPEAL NO: 64-89 APPLICANT: SAM LORUSSO PAGE 5 STATE OF COMPLIANCE FORM The following sig tures by the Building Commissioner and the Town Engineer indic that the applicable section authorized under this special it as b n satisfactorily completed and is in compliance h co bons of this perm' Section 1 Bldg. Eng. 9lzlk Section 2 Bldg. Eng. Section 3 G 1-$g. L� Eng. , Section 41 Bldg. L Eng.,- � Section 5 9 ildg• Z�� En Sectin 6 - �ldg• Eng. q/z//9s Section 7 Bldg. Eng. J Section 8 Bldg. Eng. Section 9 Bldg. Eng. Section 10 Bldg. Eng. Section 11 Bldg. Eng. Section 12 Bldg. Eng. Section 13 Bldg. Eng. Section 14 Bldg. Eng. Section 15 Bldg. Eng. Section 16 Bldg. Eng. ,Section 17 Bldg. Eng. Section 18 Bldg. Eng. Section 19 Bldg. Eng. Section 20 Bldg. Eng. Section 21 Bldg. Eng. . c TOWN OF FALMOUTH [TXMINL] ******** ASSESSMENT INFORMATION ******** 970417 FROM FILE: MLP.DAT PROPERTY ID: 16 03 001 000 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03047 CO-OWN . REG/DEEDS: BK=06488 PG=0101 DTE=102088 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: LOCATION: THOMAS B LANDERS RD 0000 DTE LASTCHG: 091096 REMARKS 7 PARCELS DESCRIPTION VALUE CODE ACRES - 16.90 LAND 214,900. SQUARE FEET - 000 BUILDINGI: VACANT LAND 0. 4 LAND USE CDE - 4100 BUILDING2 : 0. ZON-CLS CODES - BU 4 BUILDING3: 0. NEIGHBOR CODE - 80 BUILDING4 : 0. SELLING PRICE - 300,000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 214,900. BANK CODE - CC WATER:NO WATER TOTAL TAX BILL: 2,402.58 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 1,201.29 ASSESSI: 0 .00 .00 AMT SECND BILL: 1,201.29 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 1,201.29 ASSESS4 : 0 .00 .00 -------------------------------------------------------------------------------- FROM FILE: MLP.DAT PROPERTY ID: 16 03 002 000 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03048 CO-OWN : REG/DEEDS: BK=06488 PG=01011 DTE=102088 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: LOCATION: THOMAS B LANDERS RD 0000 DTE LASTCHG: 091096 REMARKS 7 PARCELS DESCRIPTION VALUE CODE ACRES - 30.30 LAND 321,500. SQUARE FEET - 000 BUILDINGI: VACANT LAND 0. 4 LAND USE CDE - 4100 BUILDING2 : 0. ZON-CLS CODES - BU 4 BUILDING3: 0. NEIGHBOR CODE - 80 BUILDING4 : 0. SELLING PRICE - 300,000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 321,500. BANK CODE - CC WATER:NO WATER TOTAL TAX BILL: 3,594 .37 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 1,797. 19 ASSESSI: 0 .00 .00 AMT SECND BILL: 11797 . 18 ASSESS2 : 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 1,797 . 19 ASSESS4 : 0 .00 .00 I r TOWN OF FALMOUTH [TXMINL] ******** ASSESSMENT INFORMATION ******** 970417 FROM FILE: MLP.DAT PROPERTY ID: 23 OlA000 006 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03053 CO-OWN : REG/DEEDS: BK=06710 PG=0051 DTE=042489 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: LOCATION: BLACKSMITH SHOP RD 0000 DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES - 9.46 LAND 77,000. SQUARE FEET - 000 BUILDINGI: VACANT LAND 0. 1 LAND USE CDE - 1300 BUILDING2: 0. ZON-CLS CODES - AA 1 BUILDING3: 0. NEIGHBOR CODE - 49 BUILDING4 : 0. SELLING PRICE - 000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 77,000. BANK CODE - CC WATER:NO WATER TOTAL TAX BILL: 860.86 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 430.43 ASSESSI: 0 .00 .00 AMT SECND BILL: 430.43 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 430.43 ASSESS4 : 0 .00 .00 -------------------------------------------------------------------------------- FROM FILE: MLP.DAT PROPERTY ID: 23 03 014AO13 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03054 CO-OWN : REG/DEEDS: BK=00960 PG=0102 DTE=042489 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: 117342 LOCATION: DIMMOCK AVE 0000 DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES - 26.50 LAND 137,800. SQUARE FEET - 000 BUILDINGI : VACANT LAND 0. 4 LAND USE CDE - 4410 BUILDING2: 0. ZON-CLS CODES - LA 4 BUILDING3: 0. NEIGHBOR CODE - 90 BUILDING4 : 0. SELLING PRICE - 000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 137,800. BANK CODE - CC WATER:NO WATER TOTAL TAX BILL: 1,540.60 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 770.30 ASSESSI: 0 .00 .00 AMT SECND BILL: 770.30 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 770.30 ASSESS4 : 0 .00 .00 TOWN OF FALMOUTH [TXMINL] ******** ASSESSMENT INFORMATION ******** 970417 FROM FILE: MLP.DAT PROPERTY ID: 23 03 014CO17 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03055 CO-OWN : REG/DEEDS: BK=00960 PG=0102 DTE=042489 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 , CERT NUMBER: 117342 LOCATION: DRAPER. RD 0000 DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES - 3. 13 LAND 71,500. SQUARE FEET - 000 BUILDINGI: VACANT LAND 0. 4 LAND USE CDE - 4400 BUILDING2: 0. ZON-CLS CODES - LA 4 BUILDING3: 0. NEIGHBOR CODE - 90 BUILDING4 : 0. SELLING PRICE - 000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 71,500. BANK CODE - CC WATER:NO WATER TOTAL TAX BILL: 799.37 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 399.69 ASSESSI: 0 .00 .00 AMT SECND BILL: 399.68 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 399.69 ASSESS4 : 0 .00 .00 -------------------------------------------------------------------------------- FROM FILE: MLP.DAT PROPERTY ID: 23 OlA000 004 OWNER CAPE COD AGGREGATES INC BILL NUMBER: RC03056 CO-OWN : REG/DEEDS: BK=06710 PG=0051 DTE=042489 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: LOCATION: BLACKSMITH SHOP RD 0000 DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES - 1.94 LAND 57, 100. SQUARE FEET - 000 BUILDINGI: VACANT LAND 0. 1 LAND USE CDE - 1300 BUILDING2 : 0. ZON-CLS CODES - AA 1 BUILDING3: 0. NEIGHBOR CODE - 49 BUILDING4 : 0. SELLING PRICE - 000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 57, 100. BANK CODE - CC WATER:NO WATER TOTAL TAX BILL: 638.38 CDE NUMBER AMOUNT COM. INT AMT FIRST BILL: 319. 19 ASSESSI: 0 .00 .00 AMT SECND BILL: 319. 19 ASSESS2 : 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 319. 19 ASSESS4 : 0 .00 .00 TOWN OF FALMOUTH [TXMINL] ******** ASSESSMENT INFORMATION ******** 970417 FROM FILE: MLP.DAT PROPERTY ID: 22 01 008AO14 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03051 CO-OWN : REG/DEEDS: BK=00960 PG=0102 DTE=042489 STREET PO BOX 96 RES USE: 00$ COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: 117342 LOCATION: BLACKSMITH SHOP RD 0000 DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES - 7. 17 LAND 100,300. SQUARE FEET - 000 BUILDINGI: VACANT LAND 0. 4 LAND USE CDE - 4420 BUILDING2: 0. ZON-CLS CODES - LA 4 BUILDING3: 0. NEIGHBOR CODE - 90 BUILDING4 : 0. SELLING PRICE - 000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 100,300. BANK CODE - CC WATER:NO WATER TOTAL TAX BILL: 1, 121.35 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 560.68 ASSESSI: 0 .00 .00 AMT SECND BILL: 560.67 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 560.68 ASSESS4 : 0 .00 .00 -------------------------------------------------------------------------------- FROM FILE: MLP.DAT PROPERTY ID: 23 OlA000 002 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03052 CO-OWN : REG/DEEDS: BK=06710 PG=0051 DTE=042489 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: LOCATION: BLACKSMITH SHOP RD 0000 DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES - 1.87 LAND 56,900. SQUARE FEET - 000 BUILDINGI: VACANT LAND 0. 1 LAND USE CDE - 1300 BUILDING2 : 0. ZON-CLS CODES - AA 1 BUILDING3: 0. NEIGHBOR CODE - 49 BUILDING4 : 0. SELLING PRICE - 000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 56,900. BANK CODE - CC WATER:NO WATER TOTAL TAX BILL: 636. 14 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 318.07 ASSESSI: 0 .00 .00 AMT SECND BILL: 318.07 ASSESS2 : 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 318.07 ASSESS4 : 0 .00 .00 TOWN OF FALMOUTH [TXMINL] ******** ASSESSMENT INFORMATION ******** 970417 FROM FILE: MLP.DAT PROPERTY ID: 23 03 014BO15 OWNER CAPE COD AGGREGATES BILL NUMBER: RC03043 'CO-OWN : REG/DEEDS: BK=00960 PG=0102 DTE=042489 STREET PO BOX 96 RES USE: 00% COM USE: 00`s CITY/STA: HYANNIS MA 02601 CERT NUMBER: 117342 LOCATION: DRAPER- RD 0000 DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES — 19.30 LAND 104,700. SQUARE FEET — 000 BUILDINGI: VACANT LAND 0. 4 LAND USE CDE — 4410 BUILDING2: 0. ZON—CLS CODES — LA 4 BUILDING3: 0. NEIGHBOR CODE — 90 BUILDING4 : 0. SELLING PRICE — 000 BUILDING5: 0. SELLING CODE — TOTAL VALUE 104,700. BANK CODE — CC WATER:NO WATER TOTAL TAX BILL: 1, 170.55 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 585.28 ASSESSI: 0 .00 .00 AMT SECND BILL: 585.27 ASSESS2 : 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 585.28 ASSESS4 : 0 .00 .00 -------------------------------------------------------------------------------- FROM FILE: MLP.DAT PROPERTY ID: 16 01 016 000 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03044 CO—OWN : REG/DEEDS: BK=06488 PG=0101 DTE=102088 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: LOCATION: THOMAS B LANDERS RD 0000 DTE LASTCHG: 091096 REMARKS 7 PARCELS DESCRIPTION VALUE CODE ACRES — 5.83 LAND 86,700. SQUARE FEET — 000 ' BUILDINGI : MINING 28, 100. 4 LAND USE CDE — 4100 BUILDING2 : PMP 1 91, 100. ZON—CLS CODES — BU 4 BUILDING3: SHD 1 800. NEIGHBOR CODE — 80 BUILDING4 : SCL 2 11,200. SELLING PRICE — 300,000 BUILDING5: 0. SELLING CODE — TOTAL VALUE 217,900. BANK CODE — CC WATER:NO WATER i TOTAL TAX BILL: 2,436. 12 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 1,218.06 ASSESSI : 0 .00 .00 AMT SECND BILL: 1,218.06 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 1,218.06 ASSESS4 : 0 .00 .00 TOWN OF FALMOUTH [TXMINL] ******** ASSESSMENT INFORMATION ******** 970417 FROM FILE: MLP.DAT PROPERTY ID: 16 01 016B000 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03045 CO-OWN : REG/DEEDS: BK=06488 PG=0101 DTE=102088 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: LOCATION: THOMAS B LANDERS RD 0000 DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES - 0.00 LAND 47,600. SQUARE FEET - 43,700 BUILDINGI: VACANT LAND 0. 1 LAND USE CDE - 1300 BUILDING2 : 0. ZON-CLS CODES - AA 1 BUILDING3: 0. NEIGHBOR CODE - 49 BUILDING4 : 0. SELLING PRICE - 300,000 BUILDINGS: 0. SELLING CODE - TOTAL VALUE 47,600. BANK CODE - CC WATER:NO WATER TOTAL TAX BILL: 532. 17 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 266.09 ASSESSI: 0 .00 .00 AMT SECND BILL: 266.08 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 266.09 ASSESS4 : 0 .00 .00 -------------------------------------------------------------------------------- FROM FILE: MLP.DAT PROPERTY ID: 16 01 016C000 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03046 CO-OWN : REG/DEEDS: BK=06488 PG=0101 DTE=102088 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: LOCATION: THOMAS B LANDERS RD 0468 DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES - 14 .94 LAND 177,800. SQUARE FEET - 000 BUILDINGI: VACANT LAND 0. 4 LAND USE CDE - 4100 BUILDING2: 0. ZON-CLS CODES - BU 4 BUILDING3: 0. NEIGHBOR CODE - 80 BUILDING4 : 0. SELLING PRICE - 300,000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 177,800. BANK CODE - CC WATER: 14 0978 TOTAL TAX BILL: 1, 987 .80 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 993.90 ASSESSI: 0 .00 .00 AMT SECND BILL: 993.90 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 993.90 ASSESS4 : 0 .00 .00 TOWN OF FALMOUTH [TXMINL] ****_*** ASSESSMENT INFORMATION ******** 970417 FROM FILE: MLP.DAT PROPERTY ID: 16 03 003 000 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03049 CO-OWN : REG/DEEDS: BK=06488 PG=0101 DTE=102088 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: LOCATION: THOMAS. B LANDERS RD 0000 DTE LASTCHG: 091096 REMARKS 7 PARCELS DESCRIPTION VALUE CODE ACRES - 22 . 10 LAND 203,600. SQUARE FEET - 000 BUILDINGI: VACANT LAND 0. 4 LAND USE CDE - 4100 BUILDING2: 0. ZON-CLS CODES - BU 4 BUILDING3: 0. NEIGHBOR CODE - 80 BUILDING4 : 0. SELLING PRICE - 300,000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 203,600. BANK CODE - CC WATER:NO WATER TOTAL TAX BILL: 2,276.25 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 1, 138. 13 ASSESSI: 0 .00 .00 AMT SECND BILL: 1, 138. 12 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 1, 138. 13 ASSESS4 : 0 .00 .00 -------------------------------------------------------------------------------- FROM FILE: MLP.DAT PROPERTY ID: 22 01 006 000 OWNER CAPE COD AGGREGATES CORP BILL NUMBER: RC03050 CO-OWN : REG/DEEDS: BK=06488 PG=0101 DTE=102088 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: LOCATION: BLACKSMITH SHOP RD 0000 . DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES - 19.26 LAND : 193,500. SQUARE FEET - 000 BUILDINGI: VACANT LAND 0. 4 LAND USE CDE - 4100 BUILDING2 : 0. ZON-CLS CODES - AA 4 BUILDING3: 0. NEIGHBOR CODE - 49 BUILDING4 : 0. SELLING PRICE - 300,000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 193,500. BANK CODE - CC WATER:NO WATER TOTAL TAX BILL: 2, 163.33 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 1,081.67 ASSESSI: 0 .00 .00 AMT SECND' BILL: 1,081.66 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 " CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 11081.67 ASSESS4 : 0 .00 .00 TOWN OF FALMOUTH [TXMINL] ******** ASSESSMENT INFORMATION ******** 970417 FROM FILE: MLP.DAT PROPERTY ID: 45 08 000 480 OWNER LORUSSO SAMUEL BILL NUMBER: RL12969 CO-OWN JUDITH REG/DEEDS: BK=00731 PG=0071 DTE=100782 STREET 45 VINEYARD ST RES USE: 00% COM USE: 00% CITY/STA: EAST FALMOUTH MA 02536 CERT NUMBER: 089831 LOCATION: VINEYARD ST 0000 DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES - 0.00 LAND 33,200. SQUARE FEET - 33,200 BUILDINGI: VACANT LAND 0. 1 LAND USE CDE - 132A BUILDING2: 0. ZON-CLS CODES - RB 1 BUILDING3: 0. NEIGHBOR CODE - 23 BUILDING4 : 0. SELLING PRICE - 245,000 BUILDINGS: 0. SELLING CODE - TOTAL VALUE 33,200. BANK CODE - WATER:NO WATER TOTAL TAX BILL: 371. 18 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 185.59 ASSESSI: 0 .00 .00 AMT SECND BILL: 185.59 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 185.59 ASSESS4 : 0 .00 .00 -------------------------------------------------------------------------------- FROM FILE: MLP.DAT PROPERTY ID: 33 10 001 515 OWNER LORUSSO SAMUEL A JR BILL NUMBER: RB0.2198 CO-OWN : REG/DEEDS: BK=00000 PG=0000 DTE=021997 STREET PO BOX 96 RES USE: 00% COM USE: 00% CITY/STA: HYANNIS MA 02601 CERT NUMBER: 143607 LOCATION: CASEYS WAY 0000 DTE LASTCHG: 031897 REMARKS DESCRIPTION VALUE CODE ACRES - 0.00 LAND 36,900. SQUARE FEET - 23,049 BUILDINGI : VACANT LAND 0. 1 LAND USE CDE - 1300 BUILDING2 : 0. ZON-CLS CODES- RC 1 BUILDING3: 0. NEIGHBOR CODE - 24 BUILDING4 : 0. SELLING PRICE - 000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 36,900. BANK CODE - 00 WATER:53 0526 TOTAL TAX BILL: 412 .54 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 206.27 ASSESSI: 0 .00 .00 AMT SECND BILL: 206.27 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 206.27 ASSESS4 : 0 .00 .00 TOWN OF FALMOUTH [TXMINL] ******** ASSESSMENT INFORMATION ******** 970417 FROM FILE: MLP.DAT PROPERTY ID: 45 02 000 014 OWNER LORUSSO SAMUEL BILL NUMBER: RL12967 CO-OWN JUDITH REG/DEEDS: BK=00731 PG=0071 DTE=100782 STREET 45 VINEYARD ST RES USE: 00% COM USE: 00% CITY/STA: EAST FALMOUTH MA 02536 CERT NUMBER: 89831 LOCATION: VINEYARD ST 0045 DTE LASTCHG: 091096 REMARKS INC LOT 7E DESCRIPTION VALUE CODE ACRES - 0.00 LAND 220,300. SQUARE FEET - 16,012 BUILDINGI: COLONIAL 282,200. 1 LAND USE CDE - 1096 BUILDING2: RANCH 47,200. 1 ZON-CLS CODES - RB 1 BUILDING3: 0. NEIGHBOR CODE - 23 BUILDING4 : 0. SELLING PRICE - 245,000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 549,700. BANK CODE - 00 WATER:36A0450 TOTAL TAX BILL: 6, 145.65 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 3,072 .83 ASSESSI: 0 .00 .00 AMT SECND BILL: 3,072 .82 ASSESS2: 0 .00 .00 ABATEMENT AMT : . 00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 3,072 .83 ASSESS4 : 0 .00 .00 --------------------------------------------------------------------------------- FROM FILE: MLP.DAT ! PROPERTY ID: 45 02 000 018 OWNER LORUSSO SAMUEL BILL NUMBER: RL12968 CO-OWN JUDITH REG/DEEDS: BK=00731 PG=0071 DTE=100782 STREET 45 VINEYARD ST RES USE: 00% COM USE: 00% CITY/STA: E FALMOUTH MA 02536 CERT NUMBER: 89831 LOCATION: BRIDGE ST 0106 DTE LASTCHG: 091096 REMARKS DESCRIPTION VALUE CODE ACRES - 0.00 LAND 109, 100. SQUARE FEET - 14,866 BUILDINGI: CAPE COD 162,700. 1 LAND USE CDE - 1015 BUILDING2 : 0. ZON-CLS CODES - RB 1 BUILDING3: 0. NEIGHBOR CODE - 23 BUILDING4 : 0. SELLING PRICE - 45,000 BUILDING5: 0. SELLING CODE - TOTAL VALUE 271,800. BANK CODE - 00 WATER:NO WATER TOTAL TAX BILL: 3,038.72 CDE NUMBER AMOUNT COM.INT AMT FIRST BILL: 1,519.36 ASSESSI: 0 .00 .00 AMT SECND BILL: 1,519.36 ASSESS2: 0 .00 .00 ABATEMENT AMT : .00 CDE=00 ASSESS3: 0 .00 .00 1ST PAY XASSMT: 1,519.36 ASSESS4 : 0 .00 .00 COMMONWEALTq OF MASSACHUSETTS Barnstable ss. Superior Court No.25282 ' 1 HARRY J. GERRIOR et al$ vs • GEORGE H. MELLEN Jr . et als � (Board of Appeals of the Town of Barnstable) I I F I N A L D E C R E E I This cause came on to be heard and was argued by counsel �I and thereupon on consideration thereof it is Ordered, Adjudged I and Decreed that the -decision of the defendant Board ,of Appeals of the 'Town of Barnstable granting to the defendants ; ; I� William A.Jones, inc. , and Allan F.Jones, a variance on December I `` ' P II 29, 1958, as follows, i I To allow the construction of a garage, provided its location be placed as far from homes, and as near to the airport line, as is possible, under the advice of the building inspector. ' The asphalt and crushing plants may be continued, ` as non-conforming uses, so far as they extend into the Barnstable Precinct, subject to the following: I I I I (a) A suitable smoke and dust arrester is to be II installed and maintained, so as to abate the smoke and dust nuisance, under the supervision of the Board cf Health b Asphalt lane, stone-crushing; and truck operations f ( ) P P are limited to the hours from 7 a.m. to 7 p.m. I ' Il was in excess of its authority and is annulled and that the Clerk of the Court within thirty days after the entry of this decree, send ail attested cony hereof to the Board and to the Inspector of Buildings 'of the Town of Barnstable. I, II By the Coiirt;� (•�j�. tom` I 4 o t3 ��� Bat'chi* ng Plant . A rermlFt , SOUTH YARMOUTH, May 8, Road; property under develop• tion of these homes be over. The town of Yarmouth will not men by Great Western Realty $3,000,000," it was stated. have a cement botching plant on Trust which is less than 2,000 In any event, the board said, x yards from the proposed site, with it is a matter of general know- " Whites Path. some "fine" residential homes ledge to its members, that there This was the decision of the already built. are well over 100 homes within Yarmouth Board of Appeals which Philip M. Boudreau, of Oster- a mile of the proposed site which has ruled that the Yarmouth ville, owner of land in the im- from the evidence presented at building inspector exceeded :his mediate vicinity, was opposed to the hearing "would in reasonable the plant. Also noted was that probability be adversely affected authority in granting a building there were other subdivisions less by the dust that would be occa- permit to Malaguti Brothers of than a mile from the site, sioned by the plant itself and the Dorchester, who hoped to erect "The board would not be sur- trucks going to and from the pro- prised were the appraised valua- posed batching plant." the plant.. .Si y .: �fhe'board`further.decided that the building permit should be re- . voked. The decision was the result of a hearing before the board on April 16. Members of the board voting < against the cement plant were - Alexander Catto, H. Stuart Ryder, Eldredge Shaw and Howard Spurr. Kenneth H. Studley did not cast a vote. Residents Opposed t The hearing was held at the re- quest of a group of Yarmouth residents who were against the issuance of a permit to build the plant. A permit already had been granted to.the firm to construct the plant a d the titioners r - resented bN ttornev i ip Joncs objected b cause, t iey said, the i.luilding inspector exceeded his authority with this action, because ?rk''u:'.}wt e-;zoning b•.- the hearing, it was foun that-the area in question was in an -industrial zone, as defined in # the zoning by-laws. The entire searing raised the issue which is et forth in the by-laws as fol- ows: "In an industrial district, no building or premises shall be erected, altered or used for any purpose injurious, noxious or of- fensive to a neighborhood by rea. son of the emission of odor,fumes, dust, smoke, vibration or other cause." Attorney Jones argued that the proposed cement batching plant would be injurious, obnoxious an offensive because of the emission of dust and noise, in particular 'from the large trucks which woulc be us Uorney Allan Hale, represent. ng Malaguti told the board that r, there was nothing injurious, ob. noxious or offensive in the pro. posed operation and that whatever dust-was occasioned would not be of sufficient nature to violate the zoning ordinance. I "The petition was well argued by both sides," the board said. The board, in making its de- cision;confined its deliberation to the by-laws paragraph on indust- . rial zones. As a result, it found that the land in question would— be too small for the proposed plant. and that the building would be injurious, obnoxious and offensive to the neighborhood because of the emission of dust, noise and other causes, particularly from trucks. Attorney for Malaguti said that ' there were no residences in the area of the proposed batching plant. The board found, however, tnat within a mile of the proposed site, "there are prime residential homes which have a valuation well in excess of $1,000,000." These include Blue Rock De-' velopment off Great Western )40 C L E R K A N;1 I,—) RE' P V.-f-d B ArtA-51 ST-,m AMT... P. ADDPC ,S H0WA1ZD W. SEARS Art;r!j; 7 sec if r— '10— Meld HYL-N!111S, MASS. v! !ne !,wn W, !1.9 AAAp 1,;.: an�- lo,ing pa.mq!-h;*: • U.Industrial Uistricts 1. 17 v,ly Ind'is'r of buitcl,ri-., sr,vcj"!re ,r nreenise!., 016ll be USrd And mi, AlterAPOn.: I-rlklrg Alert IF cxtroqirn of an, c'xivtlnq hU;!1::r 9 sfruclur,!: Shaff b, 8,rsrq,:d. or i nt ts,2.0 cri to be used in wtlolv or, in 0''. 1 except ft'! w:e cr more of r,e -.:';owvlq ou"00srh. a. f'py use perty,ftfed In a busi-I ncs5 c(istjiCt. b. LunrOer, fuel, feed and Ice efi-�' sablishments, and C 00,actor's ya,d,;. C. Any ma"'futU ring or indUs trial use. d.Aufornob;ltl dismantling or used' 01111i Y,110% and Junk Yards, III ai'th0lized by 11 special peruriti WrAilled W fh� nclard of Ap- Pf 81s. e. 140 building permit 0,111 be: (italded L;-,c!.r 1�1% to, A`y U" ,a }.'•,ov--, In the %,11e!y or -.yet.' Of Ile of proper 1), baltjes t,e Catj!-,, Or any ey• U-Sive nuisance qu-iiri C-3 (9y reqLT'lt Of Phlip jon.t.3 Ind O�f)crg.) Upon motion duly made and seconded, it was voted to amend Article III, Section Ill, of the town by-lava by adopting- that portion of tho Zoning .'yap on file with the Town Clerk,, dated - - November 3, 1959, showing an Industrial District., and by adding the following paregrapht U. Industrial Districts 1. Iry any Industrial District, no building, structure or premises shall be used and no alteration., enlargement or extension of an &xisting buildini or structure shall be designed, arranged, or constructed vhich is intended or designed to be used in whole or in part except for one or more of the following purposest a. Any use permitted in a business district. b. Lwzber, fuel, feed and ice establishments, and contractor's yards. c. Any manufacturing or industrial use. d. Automobile diwAantling or used parts yards and junk yards, if authorized by a special permit granted by the Board of Appeals. No building permit shall be granted under this rould prove injurious section for any use which u to the safety or welfare of the inned-tate npighborhowi, and deatructive, of property valuos boratlsu of any ex---essive nuiaance qaalified.. Ter. G 0, No 106. I hereby certify that tho foregoinp io a trio copy of Article 1 and the vote t1harcon at the Special Town meeting of the To-*m of Barn.stable, hold on b, 1959. Attoutt `own Clark COMMONWEALTH OF MASSACHUSETTS Barnstable , as : Superior Court No.. 25282 Harry J. Gerrior et als vs George H. Mellen, Jr.. et als (Board of Appeals of the Town of Barnstable) . Findings of Fact and Order for Decree : 1 ) : This is a bill in equi-ty pursuant to the provisions of G.L. (Per .Ed.) Ch. 40A, Sec. 21, in the nature of an appeal from a decision of the re- spondents as the board of appeals of the Town of Barnstable, granting to William A. Jone, Inc. , and to Allan F. Jones a "variance" to allow them to construct a garage and t.o continue the operation of an asphalt plant and a stone crushing plant , subject to specific restrictions , on certain premises owned by them in the village of Barnstable within the Town of Barnstable. William A. Jones , Inc . and Allan F . Jones , bo_th .hereinafter referred to as the intervenors , were granted leave to intervene in this proceeding.. 2) : Since 1929, the entire village of Barnstable has been zoned as a resi dential district , except for such businesses as were then being conducted which became non-conforming uses . 3 ) : The area where the Jones operations are conducted originally was a large tract of woodland, variously estimated between 43 and 92 a-0 in size. It is overgrown with scrub oak and pines . All of it lies witkin a district which according to the zoning by-laws of the Town of Barnstabi is described as "Residence C-1 District" . The uses to which property in such a district may be devoted are defined as follows in the zoning by- 1 aws :-- " (1 ) Use--No building shall be erected or altered and no build- ing or premises shall be used for any purpose except : (a) Detach one-family dwelling, except that alterations of . single family units may be permitted, to allow use as a two-family unit by the granting of a special permit . (b ) In addition to accessory uses permitted under paragraph E of this ..by-law, the following uses may be permitted, subject to the oper- ator living upon the premises and to the limitations stated herein. A bill board, signboard or advertising sign shall in no case be permitted as an accessory use, except as herein specified. The placing of a "For Sale" or "For Rent" sign shall, ho*rreve-r, be permitted as an accessory use . A sign pertaining to a home occupation as herein specified, shall be permitted,- provided such signs be not over twelve (12 ) square feet in area. (1) Offices for professional use and customary home occupations, such as arts , crafts , service businesses, antique and gift shops, or any uses determined to be of a similar character , said determination to be made by the Board of Appeals following a petition of the land owners and a special permit granted thereforq, including only uses conducted in dwellings or in accessory buildings and involving only the services of persons living on the premises and not more than one (1 ) other employee, except that the occasional presence of additional employees ' on the prem- ises shall nct be prohibited, and furthur excepting physicians, surgeons and dentists, which profession require clerical and medical assistants . Such permitted accessory uses shall not entail any external changes in the structural form of the building. Permitted uses shall be restricted to such as are not offensive by reason of the emission of odor, dust, smoke, gas , noise, or 101bration, or otheri,;ise obnoxious , such as by 4 (2) reason of the accumulation of materials or debris . The term "Accessory Use" shall not include : (c) Any use not on the same lot with the building to which is accessory unless authorized by a special permit . (d ) The taking of not more than six (6) lodgers in an dwelling. " 6 y "C : Permitted Uses : The following uses are permitted in all Districts :-- (a ) General purposes , farm, agriculture, garden, greenhouse or nursery, selling only produce or plants the $a,jor portion of �Thich is. raised locally in the Town of Barnstable or aon property owned by a resident. or residents of the Town of Barnstable, and excluding any use injurious, noxious , offensive to the neighborhood. " fit) : The power to grant a permit to remove sand and gravel is, under the Town by-laws , as distinguished from the zoning by-laws , vested in the board of selectmen. Article X of the Town by-laws as pertinent , reads as follows : "Removal of Soii, Sand and Gravel and Sand Pits Section 1 : No top soil, sub soil., gravel, sand or other earth may be removed from the Town of Barnstable without first having obtained a permit from the Selectmen, a Permit , with conditions imposed where necessary, may be issured for the removal of top soil, sub soil, gravel, sand and other earth if the Selectmen, after a public hearing, shall so order provided that no such permit shall be granted except upon written application and after a public hearing of parties interested and con- sideration of their evidence by the Selectment; notice of said hearing being given by publication of the time and place thereof in a local news- paper not less than two weeks before said hearing, the expense of publi- cation to .be borne by the petitioner . After such a hearing, the Select- men shall render a decision in writing stating the decision and the rea.- sons therefore and file the .decision with the Town Clerk and send a copy thereof to the applicant . Such permit may be renewed. Section 2 : No top soil or sub soil shall be removed from place to place within the Town of Barnstable from an area of ground consisting of more than 5000 square feet unless the person removing such top soil or sub soil shall replant annually the entire area of such removal with rye, vetch, wheat , legumes or other soil improving plants or plant with a permanent cover crop or reforest the area. Section 3: No sand or gravel shall be removed from place to place within the Town of Barnstable except that a sand and gravel pit may be opened and used for such purposes if it is located 100 feet or more from a street line and no more that one entrance and one exit can -.,.-..-- be .used. If such sand and gravel pit is opened and used,_-the owner shah burn or cart to the town dumping area all dead trees and stumps when any area thereof amounting to more than 5000 square feet becomes -unsuilted for further use, and in such case, such shall be replanted Tr►ith trees or shrubs to prevent soil erosion. Section 4: The foregoing by-laws shall not apply to land in public use, nor shall they apply to the case of materials removed or excavated for the purpose of improving, grading, landscaping, cultiva_ .ting the ground, nor for construction of buildings and the making of public or private improvements .. Section 5 : Any person violating the provisions of this by-law shall be punished by a fine not to exceed $20 .00 for each offense . "Adopted May 21, 1951; approved July 5, 1951 . " 5 ) : In December, 1952, the board of selectmen, acting under the authori- ty above stated, granted permission to the intervenors to remove sand, l ie rh �t @oCLAofingEPW4he land of Allan F . Jones in part of the area 6 ) : Following the granting of this permit, the intervenors erected an asphalt plant on the premises . No application for a license or permit or-variance to do so was ever filed; and no authority was ever granted. The asphalt plant has been in operation for at least four years . 7 ) : In 1958, the intervenors erected a stone-crushing plant on the preni- ises . They never applied for, and never received any license or permit to do so. They proceeded to operate the stone-crushing plant as well as to continue the operation of the a.sphalt plant . 8 ) ; On November 19, 1958, the intervenors , and Hyannis Sand and Gravel ' Co. , Inc . petitioned the board of appeals for a variance from the zon- ing by-law as it applies to a Residence 0-1 District , "to permit asphalt plant operation, crushing-plant operation, sand and gravel removal , stor• age of. machinery and equipment and uses incidental to these plants and { construction business in general" . 9 ) : The reasons advanced for requesting the "variance" were stated in the application as follows :__ "In 1952, the Selectmen issued a. permit for the removal 'of sand and gravel in order to operate an Asphalt Plant . The Asphalt Plant was erected and._recently_.a Crushing Plant has been erected in the same area; both have been in operation. The Efficient end profitable operations of these Plants require that sand and gravel be removed from a large are; The Precinct Line dividing R.E.1 and "B" seems to cross this area. The land lying within R.E .1 is a desirable source of sand and gravel for op- erations of these plants and these businesses in general . The entire area is in the middle of the woods , and is not desirable for residence uses . " 10 ) : In point of fact, the permit granted to the intervenors in 1952 to remove sand, gravel , wood loam made no mention whatever of an asphalt plant . 11 ) : The. Board of Appeals referred that part of the application which related to the extension of the sand and gravel removal area to the Board of Selectmen, who, as stated in paragraph 3 above, alone have the power to grant such a permit . The decision of the Board of Selectment , ug public hearing on February 19, 19-59 , is set forth in 'full :-- William A. Jones, Inc. , and Allan F. Jones are hereby granted permission to remove top soil, sub soil, gravel, sand and other earth from the northeasterly parcel as shown on a plan entitled "Plan of Land in Hyannis and Barnstable, Mass . , belonging to Allan F. Jones; scale : 1"-200 feet, November 18, 1958, and supposed to contain thirty (30 ) acres subject ; however, to the following conditions : 1 . No sand, gravel, loam or other material shall be removed with- in 100 feet of any property line , or vlthin 100 feet of any public road. Stake or other readily visible markers indicating the limits of allowable excavation urid-ei thi-s-permit must be ma.inte.ined at all times in areas where excavation is in progress . 2. Hours of work must conform to those set forth in the decision of the board of appeals . 3. Any material, previously excavated i,;ithin 100 feet of Old County Road leading from Hyannis , to Barnstable must be replaced with suitable solid fill to such an extent as may be necessary .in the opinion of the selectment to protect the road. 4. Not more than one entrance and one exit to the area covered by this permit shall be allowed: No entrance or exit or combination entrance-exit shall exceed 40 feet in width. 5. Any violation of the conditions of this permit shall be suf- ficient cause for the revocation thereof . This permit was granted for the following reasons : 1 . It is .one of the very few areas in the town urhere sand and gravel of suitable quality are available . l 2. The area involved is reasonable remote from dwellings anal not nearer thereto than the parcel for which a permit is already held. 3. The conditions imposed with this permit , and the restrictions imposed by the decision of the Board of Appeals, should make the opera- tion of this business relatively unobjectionable . 4. Th,e operation of this business is of some importance to the economy of the town, and a forced removal from these premises would work unreasonable hardship upon the owner and his employees . If he were for- ced out of business , the prices the town pays for road materials might well be increased through lack of competition. 5• It was the feeling of the board that the granting of the per- mit was in the best interest of the community. " 12): One December 29 , 1958, the board of appeals dealt with the "variancf sought , and voted unanimously :-- "Voted: (2 ) To allow the construction of a garage, provided its location be placed as fa.r from homes , and. as near to the airport line , as is possible, under the advice of the building ins-pector . (� ) The asphalt a.nd crushing plants may be continued, - as non-ccnforming uses , so far as the;; extend into the Barnstable pre- cinct, subject to the following: Re.s;rictions Imposed: V (a) A suitable smoke and dust arrester is to be installed. and maintained, so as to abate the smoke and dust nuisance, under the supervision of the Board of Health . (b ) Asphalt plant , stone crushing, and truck operations are limited to the hours from 7 a.m. to 7 p.m. " 13) : .The petitioners are home owners in the Residence C-1 District where the intervenors conduct their business . Most of the, and otter Witnesses for the petitioners , are parents of small children . All, but one, built or acquired their homes prior to the construction of the atone crushing i plant . Some were home owners prior to the granting of the removal per- mit in 1952. I find that the operation of the intervenors business has produced and produces the following results :-- Heavy high clouds of brown dust a.r. lse from the area of operations and is borne by the prevailing south-vest wind over the homes of the petitioners .and.ot:iers , whether 1200 or 2500 feet away, and is deposited in the area. The housevives are obliged to keep the windows closed when the plant is in operation; and even then, a brov*n, gritty substance fil- ters through the sills , and is deposited on flo-ors , stoves , furniture, bedding and clotting. Children must remain indoors, or go elsewhere to play . The dust can be "tasted" . Housekeeping is an endless chore . Oily fumes are likewise smelled and tasted in the air . 'Grinding noises of trucks_ and. machinery are audible . I took a" vieij� with counsel and subs-equently passed the area fre- quently enroute to the Court House . The place of operations issereened from observation from the main roads by high ground. On the nearby sec- ondary road, it is partly concealed by scrub-oak growth. The magnitude of the operation can be appreciated only by a visit to the place itself . Numerous utility buildings are in place;at least twenty large diesel en- gine trucks were in position or in movement at the area. Bull-dozers pushed material . Portable conveyor belts were in operation. The asphalt plant fired by gas was in operation; the stone crushing machine was in operation; large clouds of dust rose from the latter and from the ter- minus of the "dust collectbr;" : a. 48 inch pipe which runs from the stone crusher to the swaphole where the dust is theoretically deposited. From one large emplaced conveyer belt , which iq fed material by truck from steel and concrete platform, stone is washed and graded to smaller con- veyor belts which deposit it in separate piles according to size. 14) : The intervenors sell sand, stone and asphalt to the United States Government , to the Commonwealth of Massachusetts, and to many of the Towns on the Cape, as well as to private contractors and individuals . In the stone crushing plant alone, more than $280,000.00 has been in- vested. The asphalt plant represents an iivestment of $150,000.00. The quality of the stone and gravel on this site is relatively high. Huge chasons, or canyon-like excavations have been made and are in the process of being made. . 15 ) : The board of appeals by way of explanation of its decision, states that the board of selectmen, when it granted the sand and gravel permit , assumed that the area was in the Hyannis business district . There is nothing to support this statement , and in any event, the dividing line between the Residence C-1 District and. the Business District roughly coincides in this area with the Cape & Vineyard Electric Company' s right- of-way which is one of the conspicuous features on the terrain in this part of Cape Cod. I find that the smoke 7.nu dust a.rester is inef f ectual in its pur- _ pose . �Q, ring the week cf June 22, 195y, the opei°at' or, of._ the -stro�rea,� ,�.,. c as r�as ordered halted by an agent of the Town Boxd of Health be-' cause of the dust caused thereby. Operations were halted, but resumed T:7ithout the condition being remedied. " , 7 ) : Most of the investment made by she intervenors in their industrial enterprise has been in equipment . Some of this is mobile equipment . A substantial part of the fixed equipment may be dismantled and moved. Others , such as the loading platform or cement block structures cannot A,,pbe moved. 18 ) : I rule that there is no non-conforming use In this case. The op- erati�on of an asphalt plant and a stone crushing plant up to the date of: the granting of this "variance" has been without any color of right . I find that the purported "variance" affected generally the zoning die- trict in which. the intervenors ' business is conducted. I ,find that the Intervenors will suffer substantial financial hardship if the "variance" is annulled; but *I rule that such hardship is not the kind contemplated by. the statute in that it flows from the intervenors' own actions , and not in consequence 'of the inadaptability of the land to any other pur- pose. I find that the "variance" results in substantial detriment to the public good and derogates from the intent and purpose of the zoning by-laws . The neighboring area is unlikely to be used for residential purposes only because of the intervenors ' use of their land for indus- trial ,purposes . rl9 ) : A decree may be entered that the rlecision of the board of appeals of the Town of Barnstable was in excess of its ' authority and is annulled and that .the Clerk of the.-Court within _thirty days. after--t_he__entry of the decree send an attested copy to the Board and to the Inspector of Buildings . S/ Paul G. Kirk Justice of the Superior Court Entered: July 3) 1959 • A true copy, Attest : -12 Barbara Holmes Neil Clerk .e i j COMMONWEALTH OF MASSAC=ETTS Psrnstable, sS. Superior Court NO.• 25282 . I Harry J. gerrior et als: vs e . Georg'o H. Mellen, Jr., e't ale (:Board of Appeals of the Town of Barnstable) FindinSs of Fact .and Order for Decree% 1. This is a bill in equity pursuant to the provisions WV GL(Ter. Ed. ) Ch. 20_:0 Sec. 210 in the nature of an appeal fropt a decision of the respondents as the board of appeals of the Town . of Barnstable, granting to Gilliam A. Jones, Inc., and to Allan F. Jones a llvariance'' to allox them to construct a -garage and to continue the operation of an asphalt plant and a stone crushing ; plant, subject to specific restrictions, on certain premises owned f. by them in the village .of Barnstable within the Town of Barnstable. William A. Jones, Inc., and Allan F. Jones, both hereinafter re-. furred to as the intervenors, were granted leave to intervene this proceeding. 2. Since 1929, the entire village of Barnstable has been zone as a residential district,` except for such businesses as were then being conducted, which became non-conforming uses. 3. . The yearhare the Jones operations are conducted originally was a large tract of Woodland, variously estimated between 43 and 92 acres in size. It is ,overgrown with scrub oak and pines. All of it lies within a district, which according to the zoning by-law,s :of the Town of Barnstable, is described as "Rosidonco C-1 District. f" The uses to which property in such a district may be devoted are defined as follows in the zoning by" lags :-- . "1. Use— No building shall be erected or altered and no building or premises shall be used for any purpose except: (a) Detached one-family dwelling ex ' cept that alterations of single family units i may be permitted, t;o allow use as a two- ' family unit by the granting of a special per- mit. (b) In addition to accessory uses per- raittod under paragraph E of this by-law, the following uses may be permitted, subject to the operator living, upon the premises and to the limitations stated herein. A bill board, signboard or advertising sign shall in no case be perritted as an accessory use, ex- cept as herein specified. The placing of a "For Sale'' or "For Rent" sign shall, however, be permitted as an accessory use- 1 A sign pertaining to a home -occupation, as herein 1 ' specified, shall be permitted provided such s signs be not over twelve (12) square feet in j area. ! (1) Offices for professional use an d customary home occupations, such as arts, crafts, service businesses, antique- and gift- shops or any. uses--determined to be of a similar character, said determination to be made by the Board of Appeals following a petition of the land ativner or oviners and a special permit granted therefor, including only uses conducted in dwvellings or in adces- ory buildings and involving only the services . of persons living on the premises and not more ` than one (1) other employee, except that the •, i . v f occasional prosonce of additional employees on the promises shall not be prohibited 'and fur ther excepting physicians, surgeons and-dentist3`, which professions require clerical; and medical assistants. Such pQrmitted. accessory ;uses shall not entail any external changes .in' the 'strac tural form of: the building. Permitted ;.uses shall be restricted .to such as are not off ens by reason of the emission of odor, dust, smoke, gas, noise, or vibration, or otherwise obnox- ious, such as by reason of the accumulation of materials or debris. The term "Accessory Use shall not include: (c) Any use not on the same lot with the building to which is accessory unless author- ized by a special permit. (d) The taking of not more than six (6) lodgers in any duelling." ' C. Permitted Uses' 1. The following uses are permitted in all Districts -.-- (a) General purposes, farm, agriculture, garden, greenhouse or nursery, selling only produce or plants the major portion of which is raisred locally in the Torn of' Barnstable or on property aan©d by a resident or residents of. the Town of Barnstable, and excluding any use injurious, noxious, offensive to the neighborhood.°f 4. The pourer to grant a. permit to remove sand and gra I vel is, under the Town by-lags, as distinguished from the zoning by-laws, vested in the board of selectmen. Article X of the Town by-lags as pertinent, reads as follows. "RtTOVAL OF SOIL, SAND AND GRAVEL AND SAND PITS Section 1. No. top soil, sub soil, gravel, sand or other earth may be removed from the Town of Barnstable without first having ob- tained a permit from the Selectmen. A permit, - 3 — i ... . ...... . _ .:. i _ with conditions imposed where necessary, maybe issued for the removal of top coif., sub soil, gravel, sand, and other earth if the Select- mon, after a public hearing, shall so order provided that no such permit shall be granted except upon written -application and after a pub- lie hearing o2 parties interested and considera- tion of their evidence by tho Selectmen; notice of said hearing being given by publication of the time and place thereof in a local newopaper not less than two weeks . before said hearing, the expense of. publication to be Iborne by the pe- titioner. After such a hearing, the Select- men shall render a decision in writing :stating the decision and the reasons therefor and file the decision with the Toga Clerk and send a copy thereof to the applicant. Such permit may be renewed. Section 2. . No top soil or sub soil shall be removed from place to place within the Town of Barnstable from an area of ground consist- ing of more than 5000 square feet unless the person removing such top soil or sub soil shall. replant annually the entiro area of such re- moval with rye, vetch, wheat, legumes or other soil improving plants, or plant with a perman ent .cover crop or reforest the area. Section 3. No send or gravel shall be re- moved from place to place withip the Town of Barnstable except that a sand and gravel pit may be opened and used for such purposes if it is located 100 feet or more from a street line and no more than one entrance and one exit can be used. If such sand and gravel Pit .is opened and used, the owner shall burn or cart to the to-om dumping area all dead trees and stumps when any area thereof amount- ing to more than 5000 square feet becomes un- suited for further use, and in such case, such area shall be replanted with trees or shrubs to prevent soil erosion. Section 4. The foregoing by-laces shall riot apply to land in public use, nor shall they apply to the case of materials removed or excavated for the purpose of improving, grad- ing, landscaping, cultivating the°ground, nor - 4 - I 1 for construction of build incs. and the malting of public or private improvements . , Section 5. :fin person viol At g y P in th e pro- visions of this by-law shall be punished by a fine not to exceed $20.00 for each offense. (Adoptod May 21, 1951; approved July 5, 19510" I 5. In December, 1952, the board of selectmen,. acting under the authority above stated, granted permission to the inter- venors to remove sand, gravel and wood loam from the land of i Allan F. Jones in part of the area with which we are concerned, G. Following the granting of this permit, tho inter- venors erected ;an asphalt plant :on the Premisese . No applicatiot for a license or permit or variance to do so was ever filed; and no authority was ever granted. The asphalt plant has been in operation for at least four years . 7. In 1958, the intervenors erected a atone-crushing Plant on the premises. Zhey never applied for, and never reoei98d any license or permit to do so:" The y proceeded to operate the u stone crushing plant as .well as to continue the operation of the''' asphalt plant. i 8. 0n November 19, 1958, the intervenors, and Hyannis Sand and Gravel Co., Inc., petitioned the board of appeals for ' variance from .the zoning by-law as it applies to a Residence C-1 District, 'to permit asphalt pliant operation, crushing plant operaift Lion, sand and gravel removal, storage of machinery and equipment, and uses incidental to these plants and construction business in general." _ 5 A 9. The reasons advanced for requesting the ''variance" were stated in the application as follows -- n'1952, the Selectraen' issued a permit for the removal of sand and gravel in order to operate an Asphalt Plant, Tho Asphalt Plant was erected and recently a Crushing Plant has been erected in the :same area, both have been in operation. - The .efficient and profitable operations of these Plants require that sand and gravel be removed from a large area, The. Precinct -Line dividing RC land "B" seems to cross this area. The land lying within RC l is a desirable souroe of sand and gravel for operations of these plants and these businesses in general. The entire area is in the middle of the moods., and is not, desirable for residence uses ." 100 in point of fact, the permit granted to the inter venors in 1952 toremove sand, gravel and wood loam made no xen ion`; whatever of an asphalt plant. llq The Board of -%ppeals referred that part ct the application which related to the extension of the sand and gravel removal area to the Board of Selectmen, %rho, as stated in para.. graph 3 above, alone have the Power to grant such a permit. The decision of the Board of Selectmen, following a publio hearing on February 19, 19590 is set forth in full: -- .. 6 _ illiam A. Jones, Inc., andr Allan F. Jones are heroby granted permission to remove top soil, sub soil, 'gravol, sand and other earth,, from the northeasterly parcel as shovm on a plan entitled "Plan of Land in Hyannis and Barnstable, Mass ., belonging to Allan F. Jones scale 1u-200 feet November 18, 19581 and supposed io contain thirty (30) acres, subject, however, to the fol- lowing conditions ; 1. No sand, gr'vel, lon-m or other material shall be removed within 100 feet of any property � line, or within 100 Poet of any public road. Stake or other readily visible markers indicating the limits of allowable excavation under this permit mast be maintained at all times in areas where excavation is .in progress. 2. Hours of work must conform to those set forth in the decision of the board of appeals. 3. Any material, previously excavated within 100 feet of old County Road leading from Hyannis to Barnstable must ,.be -replaced vil th suitable solid fill to such an extent as may be nscessary in the opinion of the selectmen to protect the road*- . 4. Not more than one entrance and me exit " y 7 y v to the area covered by this permit shall be allowed. No entrance or exit or combination entrance-exit shall oxceod 0 feet in tividth. "5• Any violation of the conditions of this Permit shall be sufficient cause for the revocation thereof. This permit was granted g for the following reasons 1. It is one of the very few areas in the tov:n whore sand and gravel of suitable quality are. available. 2. The area involved is reasonably r:amote ►, from dwellings and not tearer thereto than the parcel. for which a porn it is already held. 3, The conditions irn-oosed with this permit, and the res tri.cti ons imposed by the decision of the Board of tupeals should maa, e the operation of this business relatively anobjectionable'. 4�4 The operation of this business is of some importance to the economy of the tovrn, and a forced removal from these Premises would work unreasonable hard3hip' upon the owner and his em. i ployees. If he were forced out of business the prices the town pairs g for road materials might �• well be increased through laclt of competition. it 5. It was the feeling of the board that the granting of the 4 Permit was in the best inter- est of the community," 129 On Dacomber 29, 1958, the board of appeals dealt with the "variance" sought,, and voted unanimously; "VOTED; (2) To allow th© construction of a gar- age, provided its location be Placed as far from homes, and as near to -the airport line, as is possible, under the advice of the building inspector. r� I (3) The asphalt and crushing plants may be continued,as non-conforming uses, so far as they extend into the Barnstable precinct, subject to the following: Restrictions Imposed: (a) A suitable smoke and dust arrester is to be installed and maintained, so as to abate the smoke and dust nuiganee, under .the su- pervision of the Board 'of Health. (b) Asphalt plant, stone-crushing, and+ truck operations are limited to the hours from 7 a.m. to 7 p.m.e' 13: The petitioners are home owners in the residet3c@ 0-1 district where the intervenors conduct their business. Most of them, anal other witnesses for the petitioners, are parents of: small children. All, but one, built or acquired their homes prior* to tho construction of the stone crushing plant. `Some were home ovmers prior to the granting of the removal- permit -in 1952. I find that the operation of the intervenors t business has produosd and produces the following results : —heavy high clouds of broom dust arise from the area of operations and is borne by the pre- vailing south-;pest wind over the homes of the petitioners and others, whether 1200 or 2500 feet away, and is deposited in the area. The hous.evdives : are .obliged to keep the windows closed when the plant is in operation; and even then, a brorm, gritty sub- , stan( a filters through the Gills, and is deposited on floors, ' stOV s, furniturea bedding and clothing. Children must remain indoc :s, or go elsewhere to play. The dust can be "tasted♦ 1 i •r rioiL.cheeping is an endless chore. Oily' fumes are likewise smelled and tasted in the air. Grinding noises of trucks and m a chinery are audible. 13. I took a viers with counsel and subsequently passed the area frequently enroute to the Court House, Tho place of operations is screened from observation from the main roads py high ground. Cn the nearby secondary road, it is partly concealed by scrub-oak growth. The magnitude of the operation can be .ap preciated only by a visit to the place itself. Numerous utility buildings are in place. At is ast twenty large diesel engine trucks were in position or in movement qt the area. Others were on the nearby roadways coming to or going from the area. . Bull '. dozers pushed material. Portable conveyor belts were in operation, 7ne asphalt plant fired by gas .was in operation; the stone crush- ing machine was in operation; large clouds -of dust rose from the latter and from the. terminus. of. the "dust collector" a 48-inch pipe which runs from tho stone crusher to the sumphole where the. dust is theoretically deposited. From one large emplaced conveyor belt, which is fed material by truck .from a stool and concrete platform, stone is washed and graded to smaller conveyor bolts which deposit it in separate piles according to size. 14. The intervenors sell "sand, stone and asphalt to the United States goverrsrent, to the Commonwealth of Massachusetts, • and to many of the tames on the Cape, as well as to private con- tractors and individuals. In the stone-crushing plant alone,moro ` 10 - „ I1 i than 02$O,000.OQ has been invested. The asphalt plant represonts and investment of v150y000.00. The quality of the atone and Igravol on this site is relatively high. Huge chasms, or canyon 1il_o excavations have been made,and are in the process of being” i mado� 15. The board of appeals by way of explanation of its . decision. states that the board of selectmen when it granted the Isand and gravel permit, assumed that the area was in the Hyannis business district. There is nothing to support this statement, and in ' any event, the dividing line between the residence C, 1. district and the business district roughly coincides in this area with the Cape -and Vineyard Electric Companyts right.of-way whin is one of the conspicuous features on t e terrain in this .-, - � park; of Cape Cod. I find that th e smoke and dust arrester ie inerPec tual in its purpose. During the creek of June 22, 1959, the. oper- ' atian of the steno crusher was...ordered halted by an agent oP the torn Board of Health because of the dust caused there J by Opera tion was halted, but resumed without the condition being remediedo 17. Most of the investment made by the Ahtervenors their industrial enterprise has been in equipment. Some of this is mobile equipment. A substantial • part of the , fixed equipment. ; may be dismantled and moved. Others, such as the loading plat- fora or cement block structures cannot be removed. I 18. I rule that there is nog non-conforming use in this case, The operation of an asphalt plant and a stone crush- 1�n7 plant up to the date of the granting of this "variance" has. �y boon without any color of right. I find that the purported µvariance" affects generally the zoning district in which the intervenors 1 business is conducted. I find that the intervenors ill suffer substantial financial hardship if the "variance" his annulled; but I rule that . such hardshipis not the kind con-'n tomplated by the statute in that it flours from the; intervenors l cam actions, and not in consequence of the inadaptability of the land to any other purpose, I find that the "variance" results n substantial detriment to the public good- and derogates from . he intent and purpose of the zcning by-law, The neighboring area g 8 ( s u_rli;ely to be used for residential purposes on1 y because of vhe intervenors t use of their land for industrial purposes. 19. A decree may be entered that the decision of the` oard of appeals of the :Town of Barnstable was in excess of iti3 �UL. thority and is annulled; and that the Clerk of the Court within hirty days after the entry of the decree send an attested cop�r -o the Board and to the inspector of buildings, Justice of the Superior .Court 12 - f ►L. COMMONWEALTH OF MASSACHUSETTS Barnstable , ss : Superior Court No . 25282 Harry J . Gerrior et als vs George H. Mellen, Jr. et als (Board of Appeals of the Town of Barnstable) Findings of Fact and Order for Decree : 1 ) : This is a bill in equity pursuant to the provisions of G.L. (Per -Ed.) Ch. 40A, Sec. 21, in the nature of an appeal from a decision of the re- spondents as the board of appeals of the Town of Barnstable, granting to q William A.. Jone, Inc. , and to Allan F. Jones a "variance" to allow them 'to construct a garage and to continue the operation of an asphalt plant M" . .4 and a..stone crushing plant , subject to specific restrictions, on certain premises owned by them in the village of Barnstable within the Town of Barnstable._ William_ A. Jones , Inc . and Allan F. Jones , both hereinafter =S rV`ferred to as .the intervenors - , were granted leave to intervene in this proceeding. 2) : Since 1929, the entire village of Barnstable has been zoned as a resi dential district , except for such businesses as were then being conducted which became non-conforming uses . 3 ) : The area where the Jones operations are conducted originally was a large tract of woodland, variously estimated between 43 and 92 acres in size. It is overgrown with scrub oak and pines . All of it lies within a district which according to the zoning by-laws of the Town of Barnstabl is described as "Residence C-1 District" . The uses to which property in such a district may be devoted are defined as follows in the zoning by- laws :-- " (1 ) Use--No building shall be erected or altered and no build- ing or premises shall be used for any purpose except : (a) Detach one-family dwelling, except that alterations of 4. single family units may be permitted, to allow use as a two-f amily unit by the granting of a special permit . (b ) In addition to accessory uses permitted under paragraph E of this .by-law, the following uses may be permitted, subject to the oper- ator living upon the premises and to the limitations stated herein. A =K bill board, signboard or advertisingsign shall in no case be g permitted .` as an accessory use, except as herein specified. The placing of a "For `. ` .Sale" 'or "For Rent" sign shall, ho*Bever, be permitted as an accessory use. A sign pertaining to a home occupation as herein specified, shall be`"permi4ko-ted;"provided such signs be not over twelve (12 ) square Peet in area. (1) Offices for professional use and customary home occupations, such as arts, crafts , service businesses , antique and gift shops , or any uses determined to be of a similar character , said determination to be made by the Board of Appeals following a petition of the land owners and a special permit granted therefore, including only uses conducted in dwellings or in accessory buildings and involving only the services of persons living on the premises and not more than one (1 ) other employee, except that the occasional presence of additional employees on the prem- ises shall not be prohibited, and furl-hur excepting physicians, surgeons and dentists, which profession require clerical and medical assistants . Such permitted accessory uses shall not entail any external changes in the structural form of the building. Permitted uses shall be restricted to such as are not offensive by reason of the emission of odor, dust, smoke, gas , noise, or bibration, or otherT,.ise obnoxious , such as by (2) f reason of the accumulation of materials or debris . The terin "Accessory Use" shall not include : (c ) Any use not on the same lot with the building to which is accessory unless authorized by a special permit . dwelling. " (d ) The taking of not more than six (6 ) lodgers in any "C : Permitted Uses : The following uses are permitted in all Districts :-- (a) General purposes , farm, agriculture, garden, greenhouse or nursery, selling only produce or plants the i$ajor portion OIL' .-%hich is, raised locally in the Town of Barnstable or aon property owned by a resident or residents of the Town of Barnstable, and excluding any use injurious, noxious , offensive to the neighborhood. " 4) : The power to grant a permit to remove sand and gravel is , under the Town by-laws , as distinguished from the zoning by-laws , vested in the board of selectmen. Article X of the Town by-laws as pertinent, ,reads as follows : "Remov^.1 of Soil, Sand and Gravel and Sand Pits Section 1- --No-top -soil, sub soil, gravel, sand-or other earthmay be removed from the Town of Barnstable Without first having obtained a permit from the Selectmen, a. Permit, with conditions imposed where necessary, may be issured for the removal of top soi el sand and other earth if the Selectmen, after a public ,heabing,lshgllv so �order Provided that no such permit shall be granted except upon written application and after a public hearing of parties interested and con- sideration of their evidence by the Selectment; notice of. said hearing being given by publication of the time and place thereof in a local news- paper not less than two weeks before said hearing, the expense of publi- cation to be borne by the petitioner . After such a hearing, the select- men shall render a decision in writingstating _ sons therefore and file the decision ith the TownClerk iand asend ra copy thereof to the applicant . Such permit may be renewed. py Section 2 : No top soil or sub soil shall be removed from place to place within the Town of Barnstable from an area of ground consistilig Of more than j000 iquare feel unless the peronon :cmoving such top soil or sub soil- shall replant annually the entire area of such removal with rye, vetch, wheat , legumes or other Poll improving plants or plant with a permanent cover crop or reforest the area. Section 3 : No sand or gravel shall be removed from place to place within the Town of Barnstable except that a sand and gravel pit may be opened and used for such purposes if it is located 100 feet or more from a street line and no more that one entrance and one exit can,___-_be-_used. -If . such sand and gravel pit is opened and used, - the owner shall burn or cart to the town dumping area all dead trees and stumps when any area thereof amounting to more than 5000 squo-re feet becomes 'unauilted for further use, and in such case, such stall be replanted with trees or shrubs to prevent soil erosion. Section 4: The foregoing by-laws shall not apply to land in public use, nor shall they .apply to the case of materials removed or excavated for the purpose of improving, grading, landscaping, cultiva- ting the ground, nor for construction of buildings and the making of public or private improvements . Section 5 : Any person violating the provisions of this by-law shall be punished by a fine not to exceed $20 .00 for each offense . "Adopted May 21, 1951; approved July 5, 1951 . " 5 ) : In December, 1952, the board of selectmen, -cling under the authori- ty above stated, granted permission to the intervenors to remove sand, 0jaye"hjRA �8093AOHn�EPRe�he land. of Allan F . Jones in part of the area. (3) 6 ) : Following the granting of this permit, the intervenors erected an asphalt plant on the premises . No application for a license or permit or variance to do so was ever filed; and no authority was ever granted. The asphalt plant has been in operation for at least four years . 7 ) : In 1958, the intervenors erected a stone-crushing plant on the prem- ises . They never applied for, and never received any license or permit to do so. They proceeded to operate the stone-crushing plant as well as to continue the operation of the asphalt plant . 8 ) ; On November 19, 1958, the intervenors , and Hyannis Sand and Gravel Co. , Inc. petitioned the board of appeals for a variance from the zon- ing by-law as it applies to a Residence C-1 District , "to permit asphalt plant operation, crushing-plant operation, sand and gravel removal , stor- age of machinery and equipment and uses incidental to these plants and construction business in general" . 9 ) : The reasons advanced for requesting the "variance" were stated in the application as follows :__ "In 1952, the Selectmen issued a permit for the removal of sand and gravel in order to operate an Asphalt Plant . The Asphalt Plant was enacted and recantl_y_-_a.-.Cr_ushing Plant has been erected in the same area; 'y both hay.ebeen_;in-'--operation. The efficient and profitable operations of these Plants require that sand and gravel be removed from a large area The Precinct Line dividing R.E.1 and "B" seems to cross this area. The land lying within R.E.1 is a desirable source of sand and gravel for op- erations of these plants and these businesses in Eener•al . The entire area is in the middle of the woods , and is not desirable for residence uses . " 10 ) : In point of fact , the permit granted to the intervenors in 1952 to remove sand, gravel , wood loam made no mention whatever of an asphalt plant . 11 ) : The Board of Appeals referred that part of the application which related to the extension of the sand and gravel removal area to the Board of Selectmen, who, as stated in paragraph 3 above , alone have the power to grant such a permit . The decision of the Board of Selectment , following a public heering on February 19, 1959 , is set forth in full :-- "William A. Jones, Inc. , end Allan F . Jones are hereby granted permission to remove top soil, sub soil, gravel, sand and other earth from the northeasterly parcel as shown on a plan entitled "Plan of Land in Hyannis and Barnstable, Mass . , belonging to Allan F. Jones; scale : 1"-200 feet , November 18, 1958, and supposed to contain thirty (30 ) acres subject , however, to the following conditions : 1 . No send, gravel, loam or other material shall be removed with- in 100 feet of any property line, or within 100 feet of any public road. Stake or other readily visible markers indicating the limits of 'allowable -�" excavation und-mr—Uhis nermit rust be mcintained at all times in areas where excavation is in progress . 2. Fours of work must conform to those set forth in the decision of the board of appeals . 3. Any material , previously excavated t:lthin 100 feet of Old County Road leading, from HyanniQ , to Barnstable must be replaced with suitable solid fill to such an extent as may be necessary in the opinion of the selectment to protect the road. 4. A1ot more than one entrance and one wxit to the area covered by this permit shall be allowed. No entrance or exit or combination entrance-exit shall exceed 40 feet in width. 5. Any violation of the conditions of this permit shall be suf- ficient cause for the revocation thereof . This permit was granted for the following reasons 1 . It is one of the very few areas in the town where sand and gravel of suitable quality a.re avalla.ble . 2. The area involved is rcaeona.bl.e remote from dwel.lirigs and, not nearer thereto than the pearcel for- which a permit is already held. 1. The conditions imposed with thin permit , and the restrictions imposed by the decision of the Board of Appeals , should make the opera- tion of this business relatively unobjectionable . 4. Th.e operation of this business is of some importance to the economy of the town, and a forced removal from these premises would work unreasonable hardship upon the owner and his employees . If he were for- ced out of business , the prices the town pays for road materials might well be increased through lack of competition. 5. It was the feeling of the board that the granting of the per- mit was in the beat interest of the community. " l2) : One December 29 , 1958, the board of appeals dealt with the "variance' sought , and voted unanimously :-- "Voted: (2 ) To allow the construction of a garage, provided its location be placed as far from homes, and. as near to the airport .line, as is possible, under the advice of the building inspector . (3 ) The asphalt and crushing plants may be continued, E).s4-non-ccnf-orming-uses ,--so far as they extend---into the B^rrstable -pre- - cinct,; -rsub�Ject` to the- following: Restrictions Imposed: (a) A suitable smoke 2.nd dust arrester is to be instal-ed and maintained, so as to abate the smoke and dust nuieance, under the supervision of the Board of Health.. (b ) Asphalt plant , stone crushing , and truck operations are limited to the hours from 7 P .m. to 7 p .m. " 1 -� The petitioners are home owners in the Residence C-1 District where the intervenors conduct their business . Most of the , and otter Witnesses for the petitioners , are parents of small children . All , but one, built or acquired their homes prior to the construction of the atone crushing plant . Some were home owners prior to the granting of the removal per- mit in 1952. I find that the operation of the intervenors business has produced and produces the following results :-- Heavy high clouds of brown dust arise from the area of operations and is borne by the ,prevailing south-vest wind over the homes of the petitioners a.nd:;other.s , whether 1200 or 2500 feet away, and is deposited in the area. The housevives are obliged to keep the windows closed when the plant is in operation; and even then, a brown, gritty substance fil- ters through the sills , and is deposited on floors , stoves , furniture, bedding and clothing. Children must remain indoors, or go elsewhere to = = play . The dust can be "tasted" . Fousekeeping is an endless chore . Oily fumes are likewise smelled and. tasted in the air. 'Grinding noises of trucks and machinery are a.udiale . I took a. vier' wiith counsel and subseque:itly passed the area f c-- quertly enroute to the Court House . Ttc place of operations issereened From observation from the main roads by high gmou.ld. On th.. nearby sec- ondary road, it is partly concealed by scrub-oak growth. The magnitude of the operation can be appreciated onl;* by a visit to the place itself . Numerous utility buildings c re in place;at least; twenty large diesel en- gine trucks where in position or in movement at the area. Bull-dozers pushed material . Portable conveyor belts were in operation. The asphalt plant fired by ges was in oper-atlon; tt.e stone crushing machine was in operation; large clouds of dust rose from the latter and from the ter- minus of the "dust eollectbr,: " : a. 48 inch pipe which runs from the stone crusher to the suraphole where the dust is theoretically deposited. From one large emplaced conveyer belt , which is fed material by truck from a. steel end concrete platform, stone is washed and graded to smaller con- veyor belts which deposit it in separate piles according to size. (5 ) 14) _;'The intervenors sell sand, stone and asphalt to the United States `Gorvernment , to the. Commonwealth of Massachusetts, and to many of the Towns -,on the Cape, as well as to private contractors ' and individuals . In th'e stone crushing plant alone , more than $280,000.00 has been in- vested. The asphalt plant represents an ifivestment of $150,000.00. The quality of the,. stone and gravel on this site is relatively high. Huge chasons, or canyon-like excavations have been made and are in the process of being made. 15 ) : The board of appeals by way of explanation of its decision, states that the board of selectmen, when it granted the sand and gravel permit, assumed that the area was in the Hyannis business district . There is nothing to support this statement , and in any event, the dividing line between the Residence C-1 District and the Business District roughly �.' coincides in this area with the Cape & Vineyard Electric '.Company's right- ; of way. which is ane' ,of the conspicuous features on the terrain in this part of Cape Cod`. -- 6°) - 2•°find that the smoke end dust arrester is ineffectual in its pur- -oo$e urngtheek of.:�Jnne .2219.5.9, ;the operation, �othe. -or�e_ .__._._.. as .ordered halted b ' y- an agent of :.the..:Town Boa�i;: of: Health be- w °::s a q; n cause ::of the duet caused thereby. Operations were halted, but resumed 4 without the condition being remedied. 17 ) : Most of the investment made by the intervenors in their industrial enterprise has been in equipment . Some of this is mobile equipment . A substantial part of the fixed equipment may be dismantled - and -moved. Others , such as the loading platform or cement block structures cannot be moved. 18 ) : I rule that there is no non-conforming use in this case. The op- / -eration of -an asphalt plant and a stone crushing plant up to the date of the granting of this "variance" has been without any color of right . I find that the purported "variance" affected generally the zoning dis- trict in which the intervenors ' business is conducted. I find that the intervenors will suffer substantial financial hardship if the "variance" is annulled; but 'I rule that such hardship is not the kind contemplated by the statute in that it flows from the intervenors' own actions , and not in consequence of the inadaptability of the land to any other pur- pose. . I find that the "variance" results in substantial detriment to f the public good and"derogates from the intent and purpose of the zoning III by.-burs . The neighboring area is unlikely to be used for residential purposes only because of the intervenors ' use of their land for indus- At~ trial purposes . 19 ) : A decree may be entered that 'he decision of the board of appeals of the .Town of Barnstable was in excess of its ' authority. and is annulled n&-tha-t-the-Clerk-_of._,the-.Cour_t ...within._thirt.y_-days_-after_tlieentry -of r k the decree send an attested copy to the Board and to the Inspector of Puil:dings S/ Paul G. Kirk Justice of the Superior Court Entered: July 3, 1959 • A true copy, Attest : -12- Ba-rba.ra Holmes Neil Clerk h �.. .� �E UI.7� �� a:A:U+v'1 uJi.IfJ `r,.- C y.,; •.'��µ +.h9i `a>r"W..4- TC. Ision U �R ARrnic . :lI - Removal of toil, Smd and-k �, £, FsNo. fi7 st1:x}M�s '` +-'r,�afi 1 �'3�" .. `�i.� , ''frox �`'��s�rrez.t'i�s^'if�y�. �.�^`'�$�+" z•" On June ?S, 1906 af'1�:30 a:ri.� `a"""public hr�ar�rg 'i ces hi ld ➢on�;thF :'annl c tion`af :tHe • f Uyannis Sand £: gravel Co* Inq. at the To,m Oftice IIuilain in, Iyanniswfor er :ssioci to remove to-6 SO7j, JL.b :soil and' sand un{'er `t,rc� rr�vison'of"�lrt�c off. y "' lkITof�Chapber: III of the'Bir-I.aus '0T the' To;,rri of Barnstaole�" frotr arina�rcelnof 1�r.d °shot*n Ph2se I V. on a plan on _ile in tlae A;sessoris Office entitle t'1?Zan of lend �n �«rt�s�able-shirr ink gravel r mo il of r�r.tl on of jiya.nnis Sand at t ravel Ca., Ino., corrpi edRobext G. .�?cGlone, Surve�,ror aid rn ; veer' Airport:Plaza, Hj%ann s;''�cale� 1t' '200 t:�d ted clay ^� t 1968, revised July 31, " + . ,F �sT " t K , ` ;,rt'!�` .y... sl Y..- - .. n ,3 ,n ## `i , F �*"' "^s? .`fix• r This earin�; t,...s T)roi erl advertised in accordance' ,rith`;'tt`e tArrrs?o., �ths°�y-law.�`� y� -, •``t `'c'�' IRE' V�rJi dr3`i. � f'r�#'"§i DECISION, �,+ tT - aJi'�C TSI�IV x` .'tif xy �,,1•f y � ......+ i Iiyantus;Sand � ave1��of Inc`e -is hereby ;ranted germ s-Ion-, o�remove gr vol�attd�sand t�cmt: th.p prooert,� ch'�am gas PYi�. T o�i tre v�. �4. � {T : se E elan pntitlnd tan of,v aand'inarns tableT i , w,y fn°x a 1 �+�ks q y sl s,`_ g� i .s r �how1 r� gravel;:renoval operat on of.fiyannis �.�ncl s?J_rravol 3Co.�, Irc.� cmpil�ek t�bet't G• 1r'cr'lone, S�urY.eyop,, and En-2.n-e..r Rs1.rflOrt .P1aZal 1l nn S"+'r' tt F w ya , •acale�1 r 2G��t Ft:. :+, Q "�, f. r7 T "Dar k a rat iay 2 ,j 196 ,' ev1Jew f4�z1�t731 � � - -follozn.rg :cotcitions': tt i "' r •s - ''..i;'..•,. r.. ,r,<. :t; 4 k 'l 'xK1U .'f° u , 1 a •r` 'i "�• r,.''~F[+t' F f. -1 Mtn or raveother t F fi , s• t*s .� Or Gvr"1C'r m i�Qrld1 SaZdLsUi?.1 t t1U��cu any pro ert; 1 , yz— ads o public r,�d e�cent` � OOf�ft�;brier rL p ,� no' a5i iv. de roe r zone must `continues on j iz,nneyt Jta�CeSY Or,O : ,. ther.`read�l s �rssiblA 1 rv ,a, lunz t fi� y m a cats n t►tn s f4 Al allovra exca7a�lon, '1n'�er {fh��'''pemL it Must be mrtlntalnt' ''' '+ �x � �t ,w 'V�,,,nl I tlf mes�n,areas-whe excavation is in. pr-- )or, oss. 2 - 1Jct more than otie 'entrance and once ex-1; to 'theyl T�z;coverPa =f3 be allowed, No entrance + i �w.T 'a r shall . t � , � � �� r• Lea e �i„� ors CnI:bina ion entrance-ehy-('i S:n2 r; emceed 4-0FfF�t in iidth a:rd iti i^, Fto 'bey�snr�lt �oJered f om hp tone zo F ; t� the`«�� hk p ,Y'^- .. ._ { '? ..shy' E Y� � t Fr.C�$'S�•F,�;l:. Z x .3 . - 4''"he' pets t2 onPr mzst re-build �x esh tIoles t�ri,,'ari anci Ant way* as soon a� 7 y �s r� ° -. §:�. ,r r ,,�. rs , ry +e.J �.,e'���`��";�''� T ^ ,x5^rp" "' : 11 All 2 s and v.nk metal r _ _ n , -. t}'S nren b nosed Fo - J n 7 1 fi n.. on P rt� M'aot" Q d1s I t r `j ai `y a rr max' r - anal -rade o digging s�aall be no la�rcr that n P, ► ' n} S Lane , � J a public a 6 `I`�115 peT^tiL``Sala..l PAL^. .lde the „ron�rt4, ,.,ye x T con d ,n�a,. a1 Lor,isso ; f Bruce K. .Jera��ld et. al � e.. Aug �'. s i, st .d _ u s„ i U, lo��:_-and,recopied zn�3a�nst i� L'O'.;nty 7A lstr'r<. o- Lieeds, Pool'. ].377 ''' � r _ § '� �. ,, �:�, tit°' #•" V4 ��Fi p iltir r'l ^y•� .1 v a la aL�l :i:c s vc t r�1� la .n7 rt;. '^" +�n �,1d (!{�L1►?t�xatl C3{ Z eading :from !! an n js `to i3.^,,rnc l,ablc} � t, b renlac�l;'tr to �uitabJ.Q �o�id.- i to nro:,�ct that roads: ' - .- '. _ 'k R ^�a ..}S+'��(.$ {."k � � K0.tf y��;'.tp ah7p•.• 'y . gat^. MU3 t ale erec tr.d at the entr''nC@ fZTZT�n"1';;trF' L'LZUI 1C r f�nazal^C�oV5 cond.s. ., ', a ?i` »x.,.a" it + ..G" rir-+... r}3• a ,,,, r$ fd e ,�: rI4tural j'7.or.� c.::�.sT•�.nf on point nrOticrLy '!ine�,,mit{cube le.ft�undisturbed t+ provide a.natural Scrseln. ' �e:,t���*U s ti lt s $s r A,;,.3jt y�'�_r,^- ! ':�' k' r .. � �.•.?� I` "*e.f'�ys S :t k K>: 1.. �,7 t� - y ^n �, 4 t,#. + r i K'k✓ 5... n-.0 !i3SGJ.•va_...r_ __,:���—�_?__..^_r•�.tii�'�.. l,V.f.�.?......7 d..{-nC A J Di r—i.ne- shall not be conductc:l oo as to produce a cordl.tion or Vrater collection -Nri_th resultant stagnat,i.on. 11 - All wood lopm mist be nut to one side and not removed from the site, and no more than ono half of sub-soil_ or hardening; is to be removed from the site. 12 - All sr oll. piles must be leveled as T•rork .progresses. 13 - Dead tree^, st;zrr•.is and other d(_'17)ri3, is to %-)e piled and burned as soon as weat:J:er permits. 11t - The case bond of $100. for cacti acre ready for reclamation s-all be depositec with a Cane Cod bank to assure compliance T•fLth a specified pFrigid of time as agree:? b - ,the Selectmen an:3. the pet-1 do ier.f -evk;L41 �1011A-e 7.5 - This permit �lzall run for si_z_ znoQn'ts, 1t whi h time the Board of Selectr� iz re,ne i i trithi cvidencc; of reclamation eitig shotm to the 3o�rd, a n(T nz' .v' . Of the con�l' � s_ of this permit shall 'be suf fi� cient c use for ,..e revoca �.on ereof. 15 - unf o.,orab1C action is taken on Phase II and Phase III as shcnan on the afore- mentioned plan and no excavat-Lon of any kind shall be pez-1r-itted except in the area shove as Phase I. This permit t.:-as cTz•an':ed for the follm ink reasons: 1 - It is one of the few areas in the Tour. of Barnstable .,The-rc sand and gravel. of suitable quality are available. 2 - The conditions imposed T•rith this permit should male the operation of this business relatively unobjectionable. 3 - The operation of. this business is of some importance to the econony of the to*ern and a forced removal from these -oremises would make a hardship upon the o'vmers and their employees. .ice' they were forced out of business. the pri%'es the 'Umin pays, and the pul i is pay, for thesermateri al.s, might well be in- creased through lack of competition. It ,•ras t;^c feeling of the Board that the ^ranting of this permit was in thy:; best interest of the communit;. A true copy Attest: G� f Cleric of Seiec'cmeti � ��`'•__ ` .d'AG_ect�rlF.� n of ern<,tab7e'"r To: Town Manager, Town of Barnstable RE: Application for permit to remove sand, gravel, and fill pursuant to Article XIII of the Town Ordinances. This application is made without prejudice to any rights of the Applicant pursuant to Court Stipulation filed in Barnstable Superior Court. V._ Applicant: Gifford Brothers Sand & Gravel, Inc. Christopher Keyes, President Location of Pit: 810 Wakeby Road Marstons Mills, MA Attached: Sketch Plan of Pit: Discussion: Pit has been in operation for over fifty (50) years and is a prior non-conforming use. Application is made for purposes of acquiring a permit without an admission of its necessity. Respectfully Submitted, For Gifford-Brothers, Inc. By its Attorney, Gr o M. Downs, Esq. S RDO & DOWNS 78 Route 6A P.O.Box 1637 Sandwich, MA 02563 Page 2 T. he Barnstable Patriot POUNDED IN 1830 >Published Every Thursday at 24 Pleasant Street, Hyannis,.Mass. By The Patriot Press Terms: 4.00 per year in advance,''six months ,$2;50 RICHARD B. HASIEINS;%-Publisher and General Manager PERCYi,F. WILLIAMS, Editor — — BARBARA H..;WILLIAMS,.Associate Editor GEORGE:B:'HELQUIS.T; Advertising Representative S6CO4,,Class Postage paid it the:Hyannis Post Office. We ass'urtie no financial responslbiliiy for'typogrAphical err6+s in advertilements :.but:,;we. will% reprint that part-`of an','Bdvertisemeni in'.which .the e'rror.;mcurs. ,.. . Member.;Plew:England Weekly' Ilres Association I a gRtge PatrioR .Building, .Hyannis,,,..Mass: 0260T'r Tel.`775.2445 ctoNcta A BI.NDf,% fi �I'L�dTiably T'attl 'Ldrttssb "does slot �vnt any., grand scale t0ux o r jlis Iiyaiinia Viand `Grave) pl�tlts•It would be unwise, unsaIt'sytiangerous. business.: Ho'*t er, the sandy peaks d li's eiiierpris,6 'rise skywaia clearly yisible. from the 'highline�on'Pliinney's ;LaLie and vastness ca}�F. e glimpsed as one.passes Tonto .thp p.utoff #i om Route 132 iixto. Barnstable,.. In a _way, Mr. Lorusso-'s.busitiess 'expansioff!4-eflect5 cisely what has been happening to`the Cape iii cheraL'13ui1 " in has had.some some boom g years, and the hue 'and cry 'fo the gravel�V6mpaiiy's products has been logd. and,;clea,r and con- stant... , Now,:,having exceeded his original permit, 11+IL Lor`usso is i asking seleatinc . to grant him liei iits�s(lo"ii fot.fuL:ther eYcava tion. He is solidly backed by maily, l)1is111CSS211en,..Con tLa(.,tors and the Cape Cod.Chamber of ComkugVee. Several area residents oppose his move. A few .years ago the .;ravel company y president'proposed buidelines for land reclamation. I'lle )iad been compiled by .experts and used successfully elsewhere. The town took no action on these suggestions. This -Mr. Tiornsso feels, is a grievons error. He wonitl like 7i. ehan.cc rnmv to hilt these pro- cednres to worl:. At the .moment the Cape's gravel king. is in a bind...11 has not altogether conformed to .existing town. by-haws, ,y.et he' desires more leeway to prove bis good intent. - The Lorusso proposals are excellent. We would like to see them made�Jiow in Barnstable, and therefore, Nt'e too are in it bind, for we do feel that conforming to ordinances alrendy iti, effect is a necessatry first step to be dctiianded of ITyanitis Sand and Gravel. M1f� THE BARNSTABLE PATRIOT, HTAUNIS, MASS., THURSDAY., JUNE 24, It`d 2. Natural flora existing . on :. Gravel _ joint property lines must be left «:PATRI01 undisturbed to provide a.natural nL l �'1 (Continued from Page 1) screen. lit� YEARS AGO 3..Dig ging shall not be conduct-•some"poin'ts' GOVERNMENT CLAD the pit is not 100 ed so as to produce a condition inches from the road." of water collection:.with resultant Refe}Ted�"to.,the' Ser Gerrior; �;Phinney's Lane con- stagnation. tion bill;, ptirpv tractor and developer, concurred, 4. All wood loam must.be put, House,of 1€tepreientati, 1. i stating7t'hat'12`':faxriilies-"were •:af- to one side and not removed froril g e Government t to .Fr ddrick''Lee Z' feted by the operation,-five of site '` 'f ez whom I had deveioped 'asthma ca= 5. Nbv ffibre•i t'hari-lone half of Hyanttls t� Cbmlien§at injuries;he`.suff"rid w. ses in the'past'few"years�He felt sub-soil or h0denitig to be re , this due'in large part to dust ex- moved from',�site.`{ was•struck by--An grr uded from the plant and•contend- fi'; All"-`sl5dil'piles must•be lev-:,Sand�(�icl} about tpvb`3 v i ed that i\Mr. Lorusso must be elcd as wbrkA-pr*.esses g'� MA SgOE T]CA) stopped:from expandin u n l e s„s 7. Dead �$ees Addf other^debris the way in which the business was ta'be left'inA�Yleg''and buxned .as`AT BABNSTABUk M( conducted was"..,rectified.:: Wk. soon as Alreadq'en%bar�ed`c possible (weather permit- French objected to Fresh H o 1 es ting), of. machine shop tram '` I h,. buildin at Road, an access ,to his property 8.;All �n�ning must'extend to .a y��$. g.. being blocked, which,. i o,n water` Producing `depth : or befli gb School are, eight Mr.. Lorusso: em haiically. denied backllIIeif`'slid. graded to prevent Central Cape.:arva,;w) as'his doi 4g•, ,. .. stagnant conditions.� greed�'to;,accept F.worl a:;Should,"A water producing plants after completing "Rules set should be lived up fes to, said 'Stephen Flay es` of t h`e depth, be reached;.all banks shall be-sloped t�water.cat.1 1-2 ft..ft..hor-,. Students rfrom ..Sarno Barnstable'Conservation Commis= B: Sherman Sion, `and noted tha$ any business izontgf,to l;Pt. vertical. Harrism cons'idermg locating in the near= b Slopes•4to water shall be Sur- Roland;(]arlson<of Ast by Industrial Park•'would I take.�a faced 'with,,toil of 8"quality:and mold Sowen rof�ent, hard' look at the vast pit depth. at .least equal to that a f. - opera- tion so close to it. In the opinion immediate . surrounding ::;1 a n d ,:i, .:40'-YEARS AGO- of conservation chairman, C o 1. areas. BARNSTABLE AGAIN Crawford H.:, Hollidge, it was the c. Wood loam shall be planted Barns able Mgli,Sch( µty,of his. commission.;to insist with a sturdy grass to .prevent'.Cape ;league;°baseball, that;tthe all t;'q many abandoned erosion ship .again.;this_a year. pits.in the town be rehabilitated= d. If a;water prgducingl,depth is tofvn;.Sigh�Sorfeited. it, not just Lorusso's-"to retain the reached it:must; be, made:Jarge refusing'to' play-Man 1; as pe.:as A.pleant..piace.in which enough to ,pe useful for-recrea- Saturday:°Barnstable's liye�►i tional purposes. was'.only,fou;;,•games An yaerial +photo made in May e. If no water producing depth 14 during. the-season. 196%of the sprawling enterprise is achieved, all iieaks and,depres- fflW6d;`thae die 'excavated area: sions shall:be reduced to a.:gently AIRPORT'NEARLY R] was about. ,three times that al rolling topography in conformity The.new'Hyannis Si` 1pyvec in the original permit but- with land. area immediately ad- most ready:'for public I fib4t on,_a map'of Dec. 30, 1952; ;joining and thus minimize ero- first airplane landed i Mr., ,Lorusso was happy to ob= Sion.. Sunday,*:wh6n 'Robert lige .when .asked by' Select in a n manager,, brought in a 9. That an immediate inspection John Aylmer 'to revise submitted Boston. :To christen Al be made of the site by the Board plans showing 2.foot buffers t o made the first`takeoff. conPom-'with the 100 foot buffer of Selectmen`for purpose of fam- iliarizing the Town's represents- portion.of the field is i restriction 'He felt; however, that heavily rolled. All tives wit conditions as they°ex- replanting 'to that extent in cer- b readiness. for 'general ist as of this date and that once tain areas already dug would be July 1. wastefuh,since` they bo u nd e d each year said same Board or its representative meet with the own- roadi:to :be abandoned shortly. PROHIBITION PROBE er to discuss and resolve reclam- Hd agreed to "the buffer a l.o ng A large ,staff••of` .b ation for land areas completely ; the`Mi'd"Cape :'on' the north. from th@!'.offlce of As mined and ready.for.reclamation: • -`r•Refutiiig;''some 'of the opposi- torney: Hupert C: Th tion's:`charges; the gravel expert 10. In lieu of reclamation post- Boston:has been worki• noted that°'.the-state had given poned for, a •time' becaus0.e of .Cod fOf`::several weeks, him:a:'clean:bill: 'of health after strikes, weather,.. digging,;condi-,flag eyi�ience'•agafnst dust' tests`at big plant. Roads tions, etc. it is suggested-that,a "R,um Rh1g are oiled about every two weeks cash bond of.. $100 for.each japre and'°scavenger' pipes have been ready for.,reclamation }hut; not The`ohrominm:bn a� installed ;as a'means of dust .a- performed: be' deposited uiith a aq$ hondehold applfan( batemenC'He'also noted that cer- Cape Cod..bank to..assure of au tain' areas'.:were: already. exca- ance .within a:'specified period `of A brhliautly.::polished vated at=`the )time:of his takeover time .as..agreed by Selectmen and.;chroming must` . "th in 1958. In some`instances 1 a n d property owner. fragil etal°.will.flake. purchased was aoeomp&nigd b y , letters from former owners stat- ing that a digging permit went nr/''� T' With: the :acquisition. This, Mr. DYER ..;��,ECTRICAL�`CO• Lorusso found, was an error. Allow me to go into the corner CAPE COD'S OLDEST SERVICING APPLIANCE DEj property as outlined, then rehab- 322 MAIN STREET HYJ hitate, he'concluded. "Then, if I Telephone 775.2525 do' not:comply with all stipula- tions, hold me responsible." `J Selectmen. will take the matter �. TAKE ADVANTAGE OF THE MAN' under consideration. SERVICES .WE QFF,ER PROCEDURE FOR RECLAMATION OF LAND ►►"•� ELECTRICAL CONTRACTORS 1. A gate at the entrance with a N Sign warning of hazardous condi- • tions. LAMPS REWIRED! AND REPAIRED' f N Ivc...c: Tf1AS� FRS.Y.�l1.LRS,...F.7C'......E�IPFRTLY QFP Thursday,Jn a 27, lOGB -- _ __ I0e n Cnpy $4.00 a Year Good Quality Gravel In Short . Supply Says Operator Of Pit . - Though a"aelokesmeen of'tech- nology" may Pave Pervaded.the - air, It was clear at'the hear I ng before selectmen Tuesday _mom. 1ng that L. Paul Lorusso, presl- . dent of Hyannis Sand and Gravel, had friends among the 40 or more - Pers don P ocaseht W few de zp nessmea there favored the-flrru's . petition to extend its excavating . . - Permit to the border's of pbin- ney's Lane an the southwest cor. ner of Its holdings off Route 132. According to Mr: Loruaso,.who Presented his case in the absence of his attorney, Philip Jones,By. . annls Sand and Gravel': h a s " brought some f390,0W Into Earn. stable's economy and Only four .workers employed are,not Baru- stable men.His la a good quality product used extensively through- . out the Cape. t Land next to that In questi on has not been worked.for ab o u t three years. ifr. Lorusso w on Id like to reclaim this area facing - Route 132. He contends this can. not be readily done unless he fa Permitted'to excavate topsoil, subsoil,sand and gravel from the .contiguous acreage to the w e a t since deleterious materials;9 u a as those used In rehabilitation - cannot be moved into near by stockpile areas. Contaminat i o n would result, in which case t It e product would be condemned by state Inspectors. . .- Good quality gravel Is in short supply, Bald,._Lorusso, and,:R r o-. hibiting excavation- tal commodity.is a loss to t be Public. In the opinion of the Su- _ r 'Dreme.Court,this is illegaki%iisv- - el-does not lie In smooth amps, but rather In pockets, and t h e vela running through the 8 a r n. stable site Is excellent—far super. for to that 1q.Falmouth where the Lomsso firm is under a five-year contract. "It would be folly," de- clared the president, "to close down the last good supply of supply aggregate On Cape Cod." Proposals for land reclamat 1 On which costs-about $100 per acre - bad been worked out severs i Years ago by the gravel company head and In 1994 three bonds for $25,000 were set aside by him specifically for .land rehabilta. - tion.To show what could be done, Mr. Lomsso Projected slides o f the former Harry Jones'Pit of 3 1.2 acres on Airport Road where a warehouse has now been con. structed. He.estimated his pres. - ent pit opened at 37 acres. In opposition to granting t It e permit were Robert French, Her. ry Gerrior and Donald White, all Property owners in the.surround. Ing area. A letter had also.been received from Gordon Smith of Barnstable. •. �........".. ... "There Is a legal aspect, a moral obligation here to be con- sidered," declared Mr. White. "Hyanals Sand and Gravel has ' exceeded Its original permit. It does not have 100-foot buffer zones from public ways as pres. cribed In the town by-law. At (Continued on Page 2) .�D�T -DISCUSSION ONLY Public Hearing Procedures for the Issuance of Permit to Remove Soil, Sand and Gravel, and Sand Pits Within the Town of Barnstable 1. Authority to Issue Permit Town of Barnstable General Ordinances Chapter III, Public Health, Safety, Welfare, Convenience and Good Order Article XIII, Removal of Soil, Sand and Gravel and Sand Pits. 2. Official Authorized to Issue Permit Town Manager. 3. Public Hearing Application Procedures a) Site Plan Review: File application with Building Division. b) Upon completion of Site Plan Review, Building Division Commissioner will forward all recommendations to Town Manager who will review. Town Manager will schedule a Public Hearing within a reasonable time. c) Town Manager will conduct the hearing by: • Reading legal notice • Hear applicant • Hear Town department/division • Hear abutters • Hear interested boards, citizens, community organizations • Re-hear applicant. Note: Town Manager may impose a time limit on presentations by abutters, citizens, and community organizations. d) The Town Manager shall, after hearing all testimony relevant to the application, determine to close the hearing, continue the hearing, or keep the record open for a determined period of time for the production of additional testimony. 4. Notice to All Interested Parties a) Advertise in newspaper. Ad placed by Town Manager two (2) weeks before hearing. Ad paid by applicant. b) Notice to property owners within 300 feet by registered mail, green card returned to Town Manager at hearing. c) Notice to all interested parties, boards and commissions. Notice by Town Manager. 5. Issuance Determination on Application for a Permit a) Upon the close of the hearing,the Town Manager shall issue a determination on the application within fourteen(14) days of the close of the hearing. b) The determination of the Town Manager shall be sent to the applicant, certified mail, return receipt requested. c) The determination of the Town Manager shall also be recorded in the office of the Town Clerk. d) Town Manager may impose condition on the permit. 6. Permit Length The permit shall be valid for one (1)year from date of issuance, and shall be renewable subject to: a) Application b) Disclose the work limit(plan) c) Site review by appropriate department/division. 7. Fees a) Permit Application Fee$50.00 b) Permit shall be based en the cost of services to issue permit. 8. Bond The posting of a bond shall be required in the amount that shall be sufficient to cover the closure plan as approved by the Town Manager. 9. Conditions The Town Manager may s:t conditions on permits: • Fence or barriers • Buffer area • Noise and dust • Slope of work area • Type of fill to be placed on permit area • Notice to Town for a c'iange of owner • Notice of a change of use of the permitted area • Or any other condition that is recommended by department/division from Site Plan Review process. Enclosures: Town of Barnstable General Ordinances Chapter III, Public Health, Safety, Welfare, Convenience and Good Order Article XIII, Removal of Soil, Sand and Gravel and Sand Pits Application Permit JG/11 phpsandp DOING BUSINESS IN BARNSTABLE The Site Plan Review Process gas A �s� s�►Rxsreet.s. • K. t679. TOWN OF BARNSTAB%,E SITE PLAN REVIEW INFORMATION APPLICATION Site Plan Review Process Applicant obtains application by visit/phone/fax See/Call Site Plan Coordinator 790-6227 Builduig Division Town Hall Review by Building Commissioner Small Projects Medium Projects Large Projects such as such as such as Signs, Parking Change of Use Large Commercial Development Time Line in Requires Sketches Requires Requires WORKING or Engineered Engineered Plans DAYS Scaled Drawings Drawings I I Day One Site Plan Coordinator Through Day Five Reviews Application for Completeness and forwards to Stair for Relvgicw I Stall Review Period Day Six Through Zoning/Building,Planning,Conservation,Health,Engineering,Fire,Other Day Fifteen 'Note:All Corruneiits reg u-diuj the Review Shall he Sent to the Site Plw Review Coordinator I Public Site Plan Review Day Fifteen May start with an Informal or Full Review. During this time Staff Comments will be heard and Through responded to by the Applicant. Changes made by the Applicant will be reviewed by Stall. Day Nineteen Applicant may need to submit a Final Site Plan and Staff will submit comments on this Final Plan to the Site Plan Review Coordinator. Note:The Applicant can request an extension in order to address issues involved in the review. Decision Decision Time within to 20 Days Approve,Approve with Conditions,Extend Hearing,Refer to CCC or ZBA,Disapprove 1 Required Procedures for Site Plan Review 1. At least six copies (6) of completed packages of applications and all supporting documents must be submitted to the Building Division. 2. Within three working days of receiving a Site Plan, copies will be distributed to all applicable Town bodies. 3. Within ten working days of receipt by any Town body, detailed comments are to be submitted back to the Site Plan review Coordinator. 4. The Building Commissioner may solicit the advice of any other Town agency or department he deems necessary to properly make die determinations required by this section. 5. Site plans shall be reviewed for consistency with zoning and other applicable regulations and standards. Within twenty days of receiving the Site plan, the Building Commissioner shall notify die applicant of any approval, conditional approval or disapproval, stating reasons. 6. One copy of a signed approved Site plan shall be given to the applicant. if deemed necessary by die Building Commissioner. Other copies may be kept by various Town agencies. 7. Upon completion of all work, a letter of certification by a registered engineer or land surveyor as appropriate to the work involved, shall be submitted to the Building Commissioner stating that all work has been completed substantially in compliance with the approved Site plan. The Building Commissioner may certify compliance when he determines that die scope of die project warrants it. 2 0 � g s a �e�s 3a LILJ C 1 ff Lai a -`�• • Qi O � Q �;t ! j ;�tt��1 c• f X r « ' a m ., a cr cn cncn >� w { -�- w c oil 1*71 Ln LO `♦ M LLJ LB LOIds / / Town of Barnstable Application for Site Plan Review Location Business Name: Assessor's Map and Parcel Number: Property Address: Owner of Property Applicant Nance: Name: Address: Address: Phone: Phone: Engineer Agent Name Name Address: Address: Phone: Phone: Storage Tanks Utilities Zoning Classification Existing Proposed Sewer District: Number: 'Number: Public Flood Hazard: Size: Size: Private Groundwater Overlay: Above Ground: Above Ground: Fire District Lot Area: Underground: Underground: Water Number of Buildings Contents: Contents: Public: Existing: Private:, Proposed: Parking Spaces Curb Cuts Fire Protection: Demolition: Required: Existing: Electrical Total Floor Area Provided: Proposed: Aerial: Residential: On-Site To Close: Underground: Office: Off-Site: Totals: Gas Medical Office: Natural: Commercial: Propane: (Specify Use) Wholesale: In Area of Critical Environmental Concern Institutional: (E.O.E.A) Yes/No Industrial: Project within 100' of Wetland Resource Area: Yes/No 4 Old King's Highway Regional Historic District: Approved? Yes/No Zoning Board of Appeals action? Listed in National and/or State Register of Historic Places: Perimeter setbacks: Front: Side: Rear: %Lot Coverage: Number of Floors: Floor Area: First: Second: Other (Specify): Parking Requirements: Required: Provided: Handicapped Spaces: Are there Accessory Buildings? Accessory Building Floor Area: Please provide a brief narrative description of your proposed project. I assert that I ha ve completed(or caused to be completed)this page and the Site Plan ReviewApplicavon and that, to the best ofmyknowledge, the informatron submitted here is true. Signature Date 5 Contents of Site Plan The Site Plan shall include one or more appropriately scaled maps or drawings of the property,drawn to an engineers scale,clearly and accurately indicating such elements of the following information as are pertinent to the development activity proposed. 1)Assessors'Map and Parcel number and address of the property. 2)Name,address and phone number of the property owner,and applicant if different from the property owner. 3)Name,address,and phone number of the developer,contractor,engineer,other design professional and agent or legal representative. 4)Complete property dimensions,area and zoning classification or property. 5)Existing and proposed topographical contours of the property taken at two-foot(21 contour intervals by a registered engineer or registered land surveyor. 6)The nature,location and size of all significant existing natural:land features,including,but not limited to,tree,shrub,or brush masses,all individual trees over ten inches(10")in caliper,grassed areas,large surface rock in excess of six feet(6)in diameter and soil features. 7)Location of all wetlands or waterbodies on the property and within one hundred feet(100')of the perimeter of the development activity. 8)The location,grade and dimensions of all present and/or proposed streets,ways and easements and any other paved surface. 9)Engineering cross-sections of proposed new curbs and pavements,and vision triangles measured in feet from any proposed curb cut along the street on which access is proposed. 10)Location,height,elevation,interior and exterior dimensions and uses of all buildings or structures,both proposed and existing: location,number and area of floors:number and type of dwelling units:location of emergency exits,retaining walls,existing and proposed signs. 11)Location of all existing and proposed utilities and storage facilities including sewer connections,septic systems and any other storage tanks,noting applicable approvals if received. 12)Proposed surface treatment of paved areas and the location and design of drainage systems with drainage calculations prepared by a registered civil engineer. 13)Complete parking and traffic circulation plan(if applicable)showing location and dimensions of parking stalls,dividers,bumper stops,required buffer areas and planting beds. 14)Lighting plan showing the location,direction and intensity of existing and proposed external light fixtures. 15)A landscaping plan showing the location,name,number and size of plant types,and the locations and elevation and/or height of planting beds,fences,wails,steps and paths. 16)A location map or other drawing at appropriate scale showing the general location and relation of the property to surrounding areas including,where relevant,the zoning and land use pattern of adjacent properties,the existing street system in the area and location of nearby public facilities. 17)Location within an Historical District and any other designation as an Historically Significant property,and the age and type of each existing building and structure on the site which is more than fifty(50)years old. 18)Location of site with regard to Zones of Contribution for public supply wells as determined in a report entitled"Groundwater and Water resource Protection Plan,Barnstable,Massachusetts"prepared by SEA Inc.,Boston,MA,dated September, 1985, which is on file with the Town Clerk. 19)Location of site with regard to Flood Areas regulated by section 3-5.1 herein. 20)Location of site with regard to Areas of Critical Environmental Concern as designated by the Commonwealth of Massachusetts, Executive Office of Environmental Affairs. 6 THE SITE PLAN REVIEW PROCESS: Once you've made the decision to locate in Barnstable, you should visit the Building Commissioner's office to discuss the permitting steps. This first meeting is necessary to acquaint you with the process and discus the visits you may be facing before other Town Hall departments and/or non-Town Hall groups such as the Cape Cod Commission. While most business plans do not trigger the need for this outside review, it is a possibility for the largest projects and, if applicable, will be discussed here. This step is not unique to Barnstable, and if your business scope is large enough to require Cape Cod Commission review, it would do so anywhere on the Cape. If Commission review is required of you, you can be assured that we will stay involved with you through that process until you are finished and return to Town Hall to resume the Site Plan Review process. The initial visit to the Building Commissioners office will usually involve an informal discussion between yourself and the Building Commissioner as to the locations you have in mind, the scope of your project or modification, and what steps you will need to go through. In many instances, small changes or modifications to an existing building can be handled informally and without a great expense to you. If your project fits into this category, it is quite possible to go through Site Plan Review and be ready for a building permit within two weeks! As an applicant, you are encouraged to have all your intentions finalized for this initial meeting so the Building Commissioner has all the information at his fingertips in order to be better able to guide you. The Site Plan Review process in Barnstable is a unique process that is administrative in nature and handled during the day at Town Hall. Unlike other towns where Site Plan Review is handled in formal night meetings over several months due to continuances and delays, the Barnstable process is both efficient and effective and, best of all, it takes a fraction of the time! If the result of your initial meeting with the Building Commissioner is that you must go in front of the Site Plan Review committee, you will be briefed as to whether it will be an informal hearing or a formal hearing. Informal hearings can be expected when the scope of the project is minor in nature such as a minor use change with very little exterior work, a reconfiguration of a parking area, or a new free-standing sign. If your plan is considered minor, you may be asked to bring in very little as far as the lot information is concerned (possibly only a surveyor's site plan). You would come in and informally tell the group what your plan is. Suggestions would be given and, if all are in agreement, you would probably be finished and either be ready for a building permit, or a license. If your proposal is somewhat larger in scope, such as a new building or a major change of use or an addition to an existing building, you will be asked to present engineered plans and come in before the group to propose your plan. Comments and suggestions will be given both before and during your hearing. In some cases, revisions are necessary. In the end, you will walk away with either the support of the group for a building permit or, for a Zoning Board Special Permit or Variance. In some cases, a referral to the Cape Cod Commission would happen at this point, but only on the biggest projects. Generally, the process in Barnstable is handled in a professional and expeditious manner. The average time an applicant is involved with Site Plan Review is three weeks as opposed to three months in other towns. In most cases, if your proposal needs Zoning Board action in addition to Site Plan Review, both applications can be filed simultaneously resulting in an overall time frame that is streamlined and efficient. THE COMN9= AND WHAT IS EXPECTED: When you come in front of the Site Plan Review Committee, usually on Thursday mornings at Town Hall, you can be expected to meet a group comprised of the Building Commissioner and staff from the following departments: Board of Health, Conservation, Planning, Fire, Public Works Engineering, and Licensing. In some cases, the Historic Society and Zoning Enforcement Officer would be present -depending on the project. You can expect to be assigned time. These meetings maybe quite busy and an agenda is usually published to help keep the process as efficient as possible. Generally, you may speak freely as the process is informal. You may be represented by an engineer, attorney, or anyone else you choose. However, this is not mandatory. We do find that the larger projects generally are approached in this manner. The review, as the name suggests, concerns itself with site issues, the impacts of your project, and how best to mitigate its impacts. Issues such as parking, lighting, traffic circulation, above and below ground fuel tanks, drainage on site, pedestrian circulation patterns, landscaping and overall layout as it may effect public safety and the fluidity of movement to and from the site will be discussed. You are encouraged to include on your site plan everything that is pertinent to.the site and your plan as the Ordinance calls for. Your initial meeting with the Building Commissioner will make all this clear to you in advance. We strive to promote design standards that protect natural features to the greatest extent possible. To that end, landscaping plans are encouraged as a supplement to the site plan. Slopes in excess of 10%are not allowed, and surface water must be recharged on the site. These challenges have resulted in some creative and memorable landscaping plans in the past and will no doubt do the same in the future. WHAT TTU GROUP LOOKS FOR: Office of the Building Commissioner The Office of the Building Division stands ready to meet with you at any time, including at the idea stage of your project to map out a course of action. This will include laying out options for you to choose from. We will also help provide you with a permitting path so your Town Hall experience is as smooth possible. The Building Division will offer zoning advice, public safety advice, Cape Cod Commission information, construction advice, and handicapped access information and advice. Since many of these areas have the ability to drastically alter the scope of your project, it is important that you make your first visit to this office. The Building Commissioner is located on the fourth floor of Town hall and is available on short notice. Please call for an appointment -(508) 790-6227 Conservation Commission Whenever new uses or non-residential construction is proposed within 100 linear feet of wetlands, shoreline resources or the coastal 100 year floodplain, the Conservation Division will be interested in your plans. For such applications, the Conservation Agent will take part in the site plan review process, and may also require a separate filing with the Barnstable Conservation Commission. While the great :, t majority of Commercial projects do not trigger conservation interest as most of our business districts are not near wetlands or resource areas, some will. With the remaining projects within its jurisdiction, the Conservation Division and Commission hold the following expectations of the applicant: • That all wetland resource areas are accurately shown on the plan • That appropriate measures are employed to prevent resource area impact • That all regulations and guidelines of the Conservation Commission are complied with. The Conservation Division staff is happy to answer your questions or otherwise assist you in the regulatory process. Our office is located at the Town Hall, fourth floor, next to the Building Division, downtown Hyannis. Call (508) 790-6245. The Planning Department The Planning Department will be present for all Site Plan Review hearings and will offer comments and suggestions concerning consistency with the requirements of the zoning ordinances. We encourage healthy growth and development while seeking to protect and preserve our towns natural resources, community character and historical designations. Additionally, we encourage development that will be compatible and in keeping with the comprehensive planning effort. These efforts include the location of site entrances, roadways and driveways, parking lot layout, the location and layout of structures, and depending on the historic significance of the project, design advice and assistance. We encourage you to call (508) 790-6290 with questions at any time. The Health Division The Health Division takes part in all Site Plan Review hearings, and will offer comments and advice on issues such as: • Septic systems location and adequacy • Fuel storage tank age, size and location. • Food service equipment location, number of seats, and grease trap location and size. • Swimming pool equipment location. The Health Department will help with pre-hearing advice at any time. We are located on the third floor of Town Hall. Call(508) 790-6265 with questions. Fire Departments Within the town of Barnstable there are five separate fire districts. These fire districts work closely with the town on all life, safety and property preservation issues. Regardless of which fire district your project will be located in, the fire department will be reviewing the project to resolve any issues or give advice involving: • Access onto the property for fire apparatus and ambulances • Access around buildings, including stretcher access areas and fire department key box locations • Location and size of all utilities on the property • Location of hydrants and mains adjacent to the property • Location of fire protection equipment on the property • Location of all dumpsters, six yard capacity and over • Location of and amounts of all hazardous materials stored, used or generated on the property To enable the fire department to assist you throughout the entire building project they will need the use group classification and square footage for all uses both existing and proposed. This information will be used to determine exit, fire alarm and fire protection needs. Consult the Fire Chief or Fire Prevention Office in the appropriate fire district at: Barnstable Fire Department (508)362-3312 Cotuit Fire Department (508)428-2210 Hyannis Fire department (508) 790-6328 Centerville/Osterville/Marstons Mills(CON"Fire Department (508) 790-2375 West Barnstable Fire Department (508) 362-3241 Department of Public Works- Engineering Division The DPW engineering Division is part of the Site Plan review team, and is responsible for critiquing plans for compliance with the Town of Barnstable Ordinances. We normally review a site for public safety, relative to the following: • Traffic impacts at driveway entrances(vehicular conflicts) • Sidewalk handicap access(pedestrian safety) • Stormwater containment on the site(environmental pollution) • Parking configuration on the site(vehicular and pedestrian safety on site and adequacy of off-road parking) The Engineering Division is located in Town Hall on the third floor. Call (508) 790-6310 between the hours of 8:00 AM- 10:00 AM and between 1:00 PM- 2:00 PM Monday through Friday. Historic Preservation Division Site Plan Review, as it relates to historic Preservation, allows for review of factors such as the placement of buildings and environmental impacts such as traffic, noise and effects to natural and cultural resources in the project area. Historic Preservation concerns can be incorporated within these criteria for a successful Site Plan review. For example, any project including an historic resource over 50 years old, especially those resources that are listed in the town's Inventory of Historic Resources and the State and National Registers of Historic Places, should address concerns regarding architectural design and scale, changes to historic buildings, i.e. demolition or additions, and screening or buffering from unrelated areas. If the project site is located within a historic district, will construction activity enhance rather than detract from the integrity of individual buildings and a sense of community character? - i• DRAFT - DISCUSSION ONLY ARTICLE XIII. REMOVAL OF SOIL,SAND AND GRAVEL AND SAND PITS Section 1.. No top soil, sub soil, gravel, sand or other earth may be removed from the Town of Barnstable without first having obtained a permit from the Town Manager. A permit, with conditions imposed where necessary, may be issued for the removal of top soil, sub soil, gravel, sand, and other earth if the Town Manager, after a public hearing, shall so order provided that no such permit shall be granted except upon written application and after a public hearing of parties interested and consideration of their evidence by the Town Manager; notice of said hearing being given by publication of the time and place thereof in a local newspaper not less than two weeks before said hearing,the expense of publication to be borne by the petitioner. After such a hearing the Town Manager shall render a decision in writing stating the decision and the reasons therefor and file the decision with the Town Clerk and send a copy thereof to the applicant. Such permit may be renewed. Section 2. No top soil or sub soil shall be removed from place to place within the Town of Barnstable from an area of ground consisting of more than 5000 square feet unless the person removing such top soil or sub soil shall replant the entire area of such removal with rye, vetch, wheat, legumes or other soil improving plants, or plant with a permanent cover crop or reforest the area. Section 3. No sand or gravel shall be removed from place to place within the Town of Barnstable, except that a sand and gravel pit may be open and used for such purpose if it is located 100 feet or more from a street line and no more than one entry and one exit, provided a permit is first obtained from the Town Manager, after a public hearing has been held as set forth in Section 1. The owner or owners of all sand and gravel pits shall bum or cart to the town dumping area all dead trees and shrubs when any area amounting to more than 5,000 square feet becomes unsuited for further use, and in such cases the area shall be replanted with trees or shrubs to prevent soil erosion. Amended March 6, 1965. Approved March 25, 1965. Rescission of old text. Adoption of new text. Section 4. The foregoing ordinances shall not apply to land in public use nor shall they apply to the case of materials removed or excavated for the purpose of improving, grading, landscaping, cultivating the ground, nor for construction of buildings and the making of public or private improvements. Section 5. Any person violating the provisions of this ordinance shall be punished by a fine not to exceed fifty ($50.00) dollars for the first offense, one hundred ($100.00) dollars for the second offense and two hundred ($200.00)for each subsequent offense. Adopted May 21, 1951. Approved July 5, 1951. Amended May 18, 1976. Approved September 13, 1976. Fine amount changed. q:\twnmgr\wpfiles\rulesregs\sgpermit.doc\w4r117/97 DRAFT - DISCUSSION ONLY Application Form for the Issuance of Permit to Remove Soil, Sand and Gravel, and Sand Pits within the Town of Barnstable Application Date: Applicant Name: Applicant Address: Applicant Phone: Location of Area to be Permitted: Street Address Village Assessor Lot and Map Number Purpose for Application: (Note: All applicants shall reference which Section of Article XIII for which a permit is requested. Permits may be issued pursuant to Section 1, Section 2, or Section 3. An application may request a permit for more than one Section, but must state so. All applicants must provide a statement of intended use for the permit. Topographic Map: (Required) Enclose with application a certified topographic map of the land subject to permitting. The map shall indicate clearly, limits of current excavation, limits of proposed excavation, mining plan for excavation, plan for closure. Fencing and Setback: (Required) Detail the plan for fencing the perimeter of the land proposed for permitting, and the requested setback from adjoining abutter property lines. Distance to Groundwater: (Required) Detail from groundwater monitoring well test data,the existing groundwater level for the land proposed for permitting. The distance from a finally mined plan to the groundwater shall be not less than four(4) feet. Regrading, Revegetating, Reclaiming of Permitted Area: (Required) Detail the plan for regrading, revegetating, reclaiming the land proposed for permitting in narrative and map form (plan for closure). Zoning: (Required) Applicant certification that proposed use is in compliance with Zoning Ordinances of Town of Barnstable. Posting of Security: (Required) Posting of security in the manner of either an escrow account, letter of credit or performance bond is required. Should the amount of security required be less than $ 15,000, an escrow account will be utilized. Prior to acceptance of either a letter of credit or performance bond, the Town Treasurer shall render a recommendation to the Town Manager relative to the suitability of the instrument so proferred by the applicant. q:\twnmgr\wpftles\rulesregs\sgpermit.doc\wjrl/7/97 DRAFT - DISCUSSION ONLY Notification of Abutters: (Required) Upon submittal of this application, the applicant shall certify his/her notification by certified mail return receipt requested, the following: All property owners within three hundred feet (300) of the property boundaries for the property subject to issuance of a permit. The following Town of Barnstable multiple member boards: Conservation, Health, Planning, Town Council. The relevant Water Districts/Water Company within the Town of Bamstable. The town boards in abutting communities: Conservation, Health, Planning, Board of Selectmen, Water Department/Districts. The Cape Cod Commission, Massachusetts Department of Environmental Protection. The applicant shall provide a written listing of all persons or parties of interest so notified at the time of application. Town Staff Review for Application Topographic Map: Complete Yes No. Comments: Fencing and Setback: Complete Yes No. Comments: Distance to Groundwater: Complete Yes No. Comments: Regrading, Revegetating, Reclaiming of Permitted Area: Complete Yes No. Comments: Zoning:Area Zoned for Proposed Use? Yes No. Comments: Posting of Security: Complete Yes No. Comments: Notification: Complete Yes No. Comments: q:\twnmgr\wpfiles\rulesregs\sgpermit.doc\gr117/97 `f f DRAFT - DISCUSSION ONLY q:\twnmgr\wpfiles\rulesregs\sgpermit.doc\wjr1/7/97 01-23-1995 15:23 5089476557 MASS.DEP/SOUTHEAST REGION P.02 Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Reglonol Office WMIam F.WNd aowrna Trtidr Coxa . Thomas 0. PowerA"0wwftWwW FAX COVER SHEET FAX IF (508) 947-6557 TELEPHONE 1 (508) 946-2700 DATE: FROM: 4U d PLEASE DELIVER TO: COMPANY NAMES r� ADDRESS: TELECOPIER NUMBER: (16 O � _ '7.713 - -3 344- TOTAL NUMBER OF PAGES: (INCLUDING THIS COVER PAGE) PLEASE CALL IF YOU DO NOT RECEIVE A COMPLETE FAX. REMARKS: '!'+P.fv mb-&- Drh►w Lam.Mssumhuss"023A7 a PAX(5a*{0474M R Tdsohone ISM 044.2 01-23-1995 15:24 5089476557 MASS.DEP/SOUTHEAST REGION P.03 Commonwe= of Massachusetts Executive Office of Ernirormentol Affairs Department of Environmental Protection Sm&east Regional Office Ttudy Cox• .r A Thera"a Pw*ws "Iro QW^WWWN January 26, 1995 Mr. Warren Rutherford, Town Manager Board of Health P.O. Box 534 Barnstable, Maaaachusetts 02630 -CONFIDENTIAL- —ENFORCEXENT SENSITIVE— Dear Mr. Rutherford: I an faxing the attached final draft Administrative Consent Order regarding the Cape Resources Woodwaste Landfill to you for review by you and other Town officials. In keeping with our agreement, we have labelled this entire package, as noted above, to maintain the confidentiality of the information. It will not become public document until it is signed. I will ask you to provide copies to the Town officials for their review. The issues which I believe were most important to the Town are found in Section III, 1 and 2. Those include dust and noise control, a maximum of eighteen months to operate and come into compliance, an eight month probationary period and guarantee of final closure of the woodwaste and C&D landfills. our goal would be for the Town to review this draft and comment on it to us and than to set up a meeting with Cape Resources. Hopefully, the meeting could occur within the next two weeks to finalize this agreement. Thanks for your assistance in this matter. If you have any questions or concerns, please call me at (508) 946-2785 or Don Nagle at (508) 946-2705. v y trul yours, Brian Donahoe, Deputy Regional Director BD/rr Attachment 20 Riverside MY* • Lakeville,Mas"Awsetts 02347 • PAX(500)$474357 • Tsisphone (604) %6.2700 f 01-23-1995 15:24 5089476557 MASS.DEP/SOUTHEAST REGION P.04 1/22/,95 2 :20 PM RA�ENFORCEMENT SENSITIVE-NOT A PUBLIC DOCUMENT COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE MATTER OF ) RE: Solid Waste Administrative EAC DISPOSAL, INC. , ) Consent Order and Notice d/b/a CAPE RESOURCES COMPANY) of Noncompliance } Number 94-4013 Barnstable, Massachusetts ) ) ADMINISTRATIVE CONSENT ORDER I. THE PARTIES 1 . The Department of Environmental Protection (the "Department") is a duly constituted agency of the Commonwealth of Massachusetts with its principal office at One Winter Street, Boston, Massachusetts and a regional office at 20 Riverside Drive, Lakeville, Massachusetts . -2 . EAC Disposal, Inc. d/b/a Cape Resources Company ("Cape Resources") is a New York corporation with its principal office at 280 Old Falmouth Road, Marstons Mills, Massachusetts. II. STATEMENT OF FACTS 1 . Cape Resources owns a 21 acre parcel of property at 280 Old Falmouth Road, Marstons Mills, Massachusetts (the "Site") . Cape Resources maintains a construction and demolition debris landfill on a portion of the Site (the "Landfill") , and uses another portion of the Site for the composting of brush and stumps (the "Woodwaste Facility" ) . Loam and mulch produced by the Woodwaste Facility is sold to landscaping contractors and others. 2 . The Department is charged with the administration of M.G.L. chap. 111, 5150A and the regulations promulgated pursuant thereto, 310 CMR 19 .00 J_t se2- 3 . On or about May 27, 1975 at a public hearing, the Barnstable Board of Health assigned the the Site as a Private and Public Dumping Ground. The assignment was limited to tree stumps, brush and branches . 4 . In a letter dated March 10, 1977, the Department approved the plan titled "Operational Plan for Wood & Stump Sanitary Landfill Prepared for . Lebco Enterprises, Inc. This plan 01-23-1995 15:25 5089476557 MASS.DEP/SOUTHEAST REGION P.05 2 indicates that 3 . 5 acres would be used for the disposal of wood and stumps and that when decomposed, such material would be reclaimed as loam. 5 . in a legal notice dated January 11, 1978, the Barnstable Board of Health modified the site assignment to include the disposal of tires and building demolition material . • 6 . In a letter dated August 3, 1978, the Department approved a revised set of plans for the operation of a combined demolition, tires, tree and stump landfill titled "Operational Plan for Wood & Stump Sanitary Landfill Prepared for Lebco Enterprises Inc ("the revised plans" ) . In addition to the original approval for the disposal and reclaiming of wood and stumps, the revised plans indicate that the Site would also be used for the disposal of tires and building demolition material ( "construction and demolition material" or "C and D" material) . 7 . in a Notice of Noncompliance ( "NON") dated January 30, 1989 Cape Resources was required to submit an existing Conditions plan to verify whether Cape Resources had exceeded the 3 . 5 acre limit. 8 . In a meeting held on March 28, 1989 between the Department and Cape Resources, the Department notified Cape Resources that it was in noncompliance with the revised plans because stumps were being disposed in areas beyond the. designated 3 . 5 acre area. 9 . In a NON dated December 28, 1993 , Cape Resources was cited for exceeding the plan approved 3 .5 acres and 70 feet maximum elevation, uncovered refuse on the construction and demolition landfill, and violating the 100 foot buffer zone as delineated in the August 3 , 1978 plan approval . 10 . In a NON dated July 22, 1994, Cape Resources was cited for failure to notify DEP of a fire and failure to extinguish the fire immediately, and failure to control dust. Ill, DISPOSITION AND ORDER Based on the findings and facts contained in Section II above, the Department hereby issues and Cape Resources hereby consents and agrees to this Administrative Consent Order. The Department' s authority to issue this Order is Conferred by M.G.L. c. ill, §150A. Neither this Order or any part hereof shall constitute an admission of liability, law or fact, or of any violation of law or regulation. 1 . Cape Resources shall : • 01-23-1995 15.:25 5089476557 MASS.DEP/SOUTHEAST REGION P.06 3 a. immediately cease and desist disposal of all solid waste at the Site. b. immediately implement measures to continually control dust and noise at the Site. C. prior to the implementation of the requirments of Paragraph 1 (e) , herein, continue removing woodwaste from areas other than those approved for disposal by the Department pursuant to the Revised Plans, d. on or before July 1, 1996, complete capping and closing of the remaining woodwaste area in compliance with 310 CMR 19. 000 . e . submit to the Department for its approval within thirty (30) days of .the effective date of this Consent order, an operational plan for removal of said woodwaste pursuant to parargraphs 1 (b) and 1 (c) , above. Such plan shall include, at a minimum, drawings identifying the sequence of working areas for removal, equipment to be used, hours of operation and a plan for noise and dust control . Noise and dust control measures shall include establishing a vegetative cover over all areas which have been inactive over any thirty (30) day period. f . complete capping and closure of the C and D disposal area on or before May 31, 1995 . 2 . During a period of eight (8) months from the effective date of this Cons* Order, the Department shall review the compliance and the of ectiveness of the activities required by paragraph 1 (a) through 1 (f) , herein. in the event the Department determines at any time during such eight (8) month period that either Cape Resources has failed to comply with such plan, as approved, or that implementation of such plan demonstrates that it is ineffective in controlling dust and noise, upon notice of such determination, Cape Resources shall immediately cease removal of woodwaste from the facility and initiate complete capping and closure activities in compliance with 310 CMR 19.000 . Such closure and capping activities shall be completed no later than three (3) months from receipt of the Department' s notice. 3 . Any plans approved by the Department pursuant to this Consent order shall be attached to, incorporated in and enforceable pursuant to the Consent Order and 310 CMR 19 . 00 . 4 . The Department hereby determines, and Cape Resources hereby agrees, that the deadlines set forth in this Consent Order f 01-23-1995 15:26 5089476557 MASS.DEP/SOUTHEAST REGION P.07 4 constitute reasonable times to perform the acts agreed to in this Consent Order and that the activities required pursuant to this Consent Order otherwise meet the requirements of 310 CMR 19.000. 5 . The activities conducted pursuant to this Consent Order are . subject to approval by the Department and shall be performed in accordance with Massachusetts General Laws Chapter ill, Section 150A, 310 CMR 19 . 000, and all other applicable federal, state and local laws. Any non-compliance with the requirements and provisions of applicable federal, state and local laws, regulations and approvals which delays the achievement of any performance deadline set by this Consent Order shall constitute a violation of this Consent Order. 6 . All engineering work performed pursuant to this Consent Order shall be under the general direction and supervision of a qualified (experienced .in solid waste management and design) , registered professional engineer. 7 . This Consent Order shall apply to and be binding upon Cape Resources and its successors and assigns . No change in ownership of the site will alter in any way the responsibility of Cape Resources under this Consent Order. Cape Resources agrees to provide a signed copy of this Consent Order to any successor or assign. 8. Cape Resources shall not violate this Consent Order and shall not allow its successors, agents, or contractors to violate this Consent Order. 9. Cape Resources consents to the Department' s issuance of this Consent Order and admits to the jurisdiction and authority of the Department to issue this Consent Order. Cape Resources understands and hereby waives its rights to an adjudicatory hearing before the Department, and to a tentative decision by the Department on, and to judicial review, rehearing, re� argument and reconsideration by courts of competent jurisdiction of the issuance and/or the terms of this Consent Order. Cape Resources also hereby waives any and all of its rights to notice of its rights to administrative process or judicial review in connection with this Consent Order. l0 . in addition to being an Administrative Consent order, this is a Notice of Noncompliance issued pursuant to M.G.L. c. 21A, section 16, and 310 CMR 5 .00. V OF BIGHTS 1. The Department expressly reserves the right to issue any additional order(s) with respect to the subject matter of this Consent Order and to bring any actions against Cape Resources 01-23-1995 15:27 5089476557 MASS.DEP/SOUTHEAST REGION P.08 5 for any reason. 2 . Nothing in this Consent Order shall be construed as or operate as, barring, diminishing, adjudicating, or in any way affecting any legal or equitable right of the Department to issue any future Order with respect to the subject matter covered by this Consent Order, or in any way affecting any other claim, action, suit, cause of action, or demand which the Department may initiate. 3 . The stipulated penalties set forth in Section V shall not preclude the Department from electing to pursue alternative remedies or alternative civil or criminal penalties which may be available by reason of Cape Resources failure to comply with the requirements of this Consent Order. V. STIPULATED FINALTIEA 1. In the event that Cape Resources, or its employees, agents, or contractors, violates this Consent Order, Cape Resources agrees to pay stipulated penalties in accordance with the following schedule: A. For . each day of each violation of schedules set forth above in Section III, Cape Resources shall pay stipulated penalties as follows: Period of Violation Penalty per day ist through 30th day $ 500 per day 31st through 90th day $1000 per day 91st day and thereafter $2000 per day 2 . All stipulated penalties shall be paid without demand before the fifteenth (15th) day of the month following the month in which the violations occurred by means of a certified check payable to the Commonwealth of Massachusetts Environmental Challenge Fund at the following address: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 One Winter Street Boston, MA 02211 The name of the Cape Resources and the Administrative Consent Order reference number shall be printed clearly on the face of the check. 01-23-1995 15:27 508947.6557 MASS.DEP/SOUTHEAST REGION P.09 6 VI , FORCE MAJEURE 1. If events occur which delay or will delay the performance of actions required by this Consent Order and the Department finds in its sole discretion that W the occurrence of the events is beyond the control of Rockland and (ii) the delay could not have been prevented or avoided by the exercise of due care on the part of Cape Resources, then the Department, in its sole discretion, may extend the time for performance for a period no longer than the duration of the delay resulting from such events; provided, however, that no extension will be effective which contravenes any provision of any applicable statute or regulation. Cape Resources bears the burden of demonstrating that the delay was beyond their control and that the delay would not have been prevented or avoided by the exercise of due care. 2 . Financial inability to pay costs, increases in costs or expenses associated with the implementation of any action called for by this Consent Order, or actions of Cape Resources' s contractors, subcontractors, consultants or other representatives are not circumstances beyond the control of Cape Resources. 3 . Events for which the Department, in its sole discretion, may extend performance deadlines include, but are not limited to, acts of God, acts of war, accidents, strikes, freight embargoes, and natural disasters or other natural phenomena of exceptional character, i.e. , of a type unexpected given the area, the season, and the past history of conditions. 4 . As soon as Cape Resources has knowledge that a delay in performance of actions required under this Consent Order has occurred or will occur, it shall immediately notify the Department in writing of the anticipated length of the delay, the cause of the delay, and a timetable for taking the required actions. 5 . Delay in meeting any deadline in this Consent Order shall not excuse or extend the time for compliance with any subsequent deadline. 6 . The penalties set out in Article V. shall not accrue for failures to meet deadlines required under this Consent Order that are extended by the Department in writing in accordance with this SECTION VI . f , 01-23-1995 15:28 5089476557 i MASS.DEP/SOUTHEAST REGION P.10 I . 7 VI. SEVERABILITY 1 . If any term or provision of this Consent Order, or the application thereof, to any person or circumstance, shall, to any extent, be invalid or unenforceable, the remainder of this Consent order, and the application thereof, shall not be affected thereby, and each remaining term and provision shall • be valid and enforceable to the fullest extent permitted by law. VIZ. NON-NM 1 . Failure on the part of the Department to complain of action or non-action on the part of Cape Resources shall not constitute a waiver by the Department of any of its rights hereunder. Furthermore, no waiver by the Department of any provision herein shall be construed as a waiver of any other provision herein. V111, sPA ram_ 1 . Any notice required to be given pursuant to this Consent order shall be given by certified or registered mail, or by private courier providing evidence of receipt as part of its services, and addressed as follows: If to Cape Resources: Cape Resources Company 280 Old Falmouth Road P.O. Box 69 Marstons Mills, Massachusetts 02648 With a copy to Francis S. Wright, Esquire Wright and Moehrke, P.C. 283 Dartmouth Street Boston, MA 02116 If to the Department : . George Crombie Department of Environmental Protection Southeastern Regional Office Division of Solid Waste Management 20 Riverside Drive Lakeville, Massachusetts 02347 B X. EFFECTIVE_4ATE 1 . This Order shall become effective upon the last date indicated below. EAC DISPOSAL, INC. DEPARTMENT OF ENVIRONMENTAL d/b/a CAPE RESOURCES COMPANY PROTECTION By: By: George Crombie Regional Director Date: t 1 ' 4 ea ZI � . J .Op•.t 3-Ins . B96/ anssl IVNI01li0 SIAV I' AS MUl ll � 'EI :°i SA'OIY lStl9 I bL II' � � bi 8-•�� �4y \ r � I m d / \ O �� m AA �4 ° - <y Of `� -EI Uy sql f WOD . =F: �66.9ddv) �N oS' 3 t_WF N+vaQ_ a -:)vIO' °i 7b to,/ 0l ^• + ^ w 00 0 5 nl„tia P 7bbo'i �_, lws3o11 i e C, O ® a 0'� w Va O O Q �-P. 1-£1 N'7b�O I ')bOq'I 7Vfd1'1• ,�*�.�'. O 04t !9 !4 1 5 a ost � \ °sF SU OSi pJ\ S00 I Qb ma S Si! hog "' i t go w wyt..� Jb'Offi VR \ i"y • SdVw S80sS3SSV S113 nHOb'SSdW '3-18G1SN8ve a ..i. ' f JNISS3SSd 30 80riRICl _ �1S311V kdOO 3nai d M ` 'i' •� ''4�; „'�(��" •, ,.*..t 1 'p+ �+ Y ..i .p l t.. ��� � tit�'�'0j��1 t a' q`.l • .�; jl` ,�Y .$`''� { }3.. �, 9 ,� '�s f a ;;.< t."r:_ v •:'� . t _ n: r:'•� '.iY WA :�. � M v p�, ytr '^p'a"' ,�S+ -S a' r r.� •"�e s�''�''-.�; •� � T",aT«.,{F ". �.2U.,,LtdY•`h 1t e, � ;� - i ::.. 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P. 41yy I � I -.�F,�'^,. r�� $ 1 !p� '! 4'0`"�"+• � - rx 1�: � � r u �h�rite .���.•,_�' -� �' 1'4 t +��.=y �'y S'"� .9rr+;'�.� Ail - P ++ _.. +..F r �.., �}�. �'�- i +�' j^� 4 i`RP � F• Qg �7 - ➢ �. - ..�.t�' S- �j'!A �'. wli A g , - }��� y Cb M1Y t -�� � I � t r - � Y• }�r � � v �* 'P t `did. � • � r�#..S^}J''�'e.�, � Y ¢ �$� ` y�+ loo ___-_..__ A TRUE COPY ATTEST;. { OF AS S -- - -'- --DIRECTOR SE SING �. �3ARNSTABLE, MASSACHUSETTS ASSESSORS MAPS \ �r N, { ku IV P Ir ???'••• tit! `` r�. .: .. '� h _..W..... _— - s sa qB \\\ Y 7 ti" Q wq a IJ /( \\'°✓� 09 1/� V bb ROSE' u ell, i Y''r � a° , O \ M1 Q3 I 3�1 bbrc �. /68 ✓ ee B jib•. I �.-LotIJI �I \ n ' � - ICI. 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