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ASHLEY MANOR - Certificates of Inspection
l ASHLEy MANOR I The Commonwealth of Massachusetts L: Town of Barnstable 2019 Certificate of Inspection Ashley Manor Certificate No. Issued to Vincent J. Toreno Type: Certificate of Inspection IC-18-84 Identify property address including street number, name, city or town and country Certificate Expiration Located at Map/Lot 317-021-001 4/24/2019 in the Town of Barnstable 3660 MAIN ST./RTE 6A(BARN.), BARNSTABLE Location Use Group Classification(s) Allowable Occupant Load 1st R-1: Boarding houses (transient), hotels, motels 12 Restrictions 6 Lodging Rooms 12 Lodgers Max. This Certificate of inspection is hereby issued by the undersigned to certify that the premise, structure or portion thereof as herein specified has been inspected for general fire and life safety features. This certificate shall be framed behind clear glass and\or laminated and posted in a conspicious place within the space as directed by the undersigned, Failure to post or tampering with the contents of the certificate is strictly prohibited. Name of Municipal Building Commissioner Brian Florence Date of Inspection 8/17/2018 Signature of Municipal Building ` Date of Issuance Commissioner ( 5/11/2018 I f�HfrOk The State of Massachusetts - tiQ srestE. ¢€ Town of Barnstable i679• �0 rf0 MA'S a New and Renewal Certificate of Inspection Application Date 7/25/2017 Fee Required 50.00 In accordance with the provisions of the Massachusetts State Building Code, Section 110.7, hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3660 MAIN ST./FTE 6A(BARN.), BARNSTABLE G Name of Premises: Ashley Manor C) Purpose for which premises is used: License(s) or Permit(s) required for the premises by other governmental agencies: A T• Certificate to be Issued to: Address: 3660 Main Street Barnstable Ma 02630 Telephone: (508)362-8044 Owner of Record of Building: 1 Toreno Address: 3663 Main Street Barnstable Ma 02630 Name of Present Certificate Holder: Vincent NV Agent, if any SIGNATURE OF P TO WHOM CERTIFICATE IS ISSUED / OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1) Make check payable to:TOWN OF BARNSTABLE 2) Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET, HYANNIS, MA 02601 PLEASE NOTE: 1)Appfcation form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee.must be received before the certificate will be issued. 3)The building official shall be notified within ten (10) days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# IC-17- EXPIRATION DATE 5/1 18 V' r Qmmonwea th of Massach e usetts Town of- Barnst b e �2018 � ' r - r Certifi:Cate of lnspec#ion Ashley Manor Certificate No. Issued to Vincent J. Toreno Type: Certificate of Inspection IC-17-112 Identify property address including street number, name, city or town and country Certificate Expiration Located at Map/Lot 317-021-001 5/10/2018 in the Town of Barnstable 3660 MAIN ST./RTE 6A(BARN.), BARNSTABLE Location Use Group Classifications) Allowable Occupant Load 1st. R-1: Boarding houses.(transient), hotels, motels 12 Restrictions 6 Lodging Rooms 12 Lodgers Max. . This Certificate of inspection is hereby issued by the undersigned to certify that the premise, structure or portion thereof as herein specified has been inspected for general fire and life safety features. This certificate shall be framed behind clear glass and\or laminated and posted in a conspicious place within the space as directed by the undersigned, Failure to post or tampering with the contents of the certificate is strictly prohibited. Name of Municipal Building Commissioner Jeff f L1uZOn Date of Inspection 7/24/2017 Signature of Municipal Building Date of Issuance 5/7/2017 Commissioner ,emss� The Commonwealth of Massachusetts ° Town of Barnstable 2017 DM > Certificate of Inspection Ashley Manor Certificate No. Issued to Vincent J. Toreno Type: Certificate of Inspection IC-16-115 Identify property address including street number, name, city or town and country Certificate Expiration Located at Map/Lot 317-021-001 5/6/2017 in the Town of Barnstable 3660 MAIN ST./RTE 6A(BARN.), BARNSTABLE Location Use Group Classification(s) Allowable Occupant Load 1st R-1: Boarding houses (transient), hotels, motels 12 Restrictions 6 Lodging Rooms 12 Lodgers Max. This Certificate of inspection is hereby issued by the undersigned to certify that the premise, structure or portion thereof as herein specified has been inspected for general fire and life safety features. This certificate shall be framed behind clear glass and\or laminated and posted in a conspicious place within the space as directed by the undersigned, Failure to post or tampering with the contents of the certificate is strictly prohibited. Name of Municipal Building Commissioner Thomas Perry Date of Inspection 5/6/2016 Signature of Municipal Building Date of Issuance Commissioner ? 5/6/2016 COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date (-X-) Fee Required$-50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 110.7,hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3�(q 4-1 n1 S*- , -a4z`ni SY�4`{;� Name of Premises: /"�S 4 6-, !L Purpose for which premises is used: License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Agency Certificate-to-be-Issued-to: -V L N C-G�-.\i T l4"e-t..Y 0 Address: 3 (e d 1-k oo-' ,n S-/� &Aa-n1 S7`�9 plc; /Lt/� CQ 2- 3'0 Telephone: ���' 3 (4 - <Y(9 Y Y / Owner of Record of Building: V f IX (AE-IN.7- ,1, 7 J Address: -3 f� 0 O�h'Lc dY /� ���` fe-, ®-z-1t -?o Name of Present Holder of Certificate: �C Name of Agent, if any: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT l�c AL LF& i PLEASE PRINT NAME _ INSTRUCTION'S: 1)Make check payable to: TOWN OF BARNSTABLE € 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET,0ANNIS,MA 0201 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: / CERTIFICATE it ` EXPIRATION DATE: J081210 c, E� COMMONWEALTH OF MASSACHUSETTS BUILDING DEPT. TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MAY O 12017 TOWN OF BARNSTABLE Date (X) Fee Required$ 50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 110.7,I hereby apply for a Certificate of Inspection for the below-named premises�located at th2e.,( 1 following ad/dress: // Street and Number: J"G�CC /� CC 1�111 , 1 ) - 7 Name of Premises: Purpose for which premises is use �ee �C✓�" �'_�� ��� License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Agency Certificate to be Issued to: 4 le ( ® w a, . J /Ce Address: Telephone: Owner of Record of Building: A A-;/ iq / C /` G/l Address: fl OvL� l:� �� //l zo Name of Present Holder of Certificate: ,/4 e /, ep 6&� Name of Agent,if an 4 a Z (4 PLEASE PROVIDE EMAIL: SIG ATURE OAP RSON TO WHOM CERT CATE IS ISSUED OR A HORIZED AGENT We are now able to email the certificate to you. 7V__1 & PLEASE PRINT NAME /CiCQ.2'o_/ 4w INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# EXPIRATION DATE: COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION 2 BUILDINGDEPT. Date �J I� _ (X) Fee Required$ 50.00 MAY 0 3 2017 ( ) No Fee Required TOWN OF BARNSTABLE In accordance with the provisions of the Massachusetts State Building Code, Section 110.7,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: ?j(V sheep (Ko A &o,) bI rY1 o z( r) Name of Premises: Purpose for which premises is us : See CP(-- License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Agency Certificate to be Issued to: anid Z4 W E* OS L TRUST Address: S4-(-OP (OL 44 It a 02 ta 3 0 Telephone: `S�c�-S(Q�- g/)y U Owner of Record of Building: V ceoi 2 , Ifen n '�M.� Y(( t H : �11�1 T�'�keQ s Address:—b,h S-dld l i�shjkl� - MA %)A-a3n Name of Present Holder of Certificate: me—d)r� 00 ✓ Name of Agent,if any: a✓) PLEASE PROVIDE EMAIL: .��/� an, SIGNATURE OF RSON TO OM CER IFICAT4 (� l IS ISSUED OR A THORIZED AGENT We are now able to email the certificate to you. 5 he a L "vE .VoSE '-Fr PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# EXPIRATION DATE: J020115c COMMONWEALTH OF MASSACHUSETTS . TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION BUILDING [KEPT. Date MAY 0 3 2017 (X) Fee Required$ 50.00 TOWN OF BARNSTABLF— ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 110.7,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number. A,,-/-/t,Tl 1, n Name of Premises: Zi I/ Purpose for which premises is use&— -'` E` License(s)or Permit(s)required for the premises by other governmental agencies: l License or Permit Agency Certificate to be Issued to: J AO/1 i E l�. �1 l ,I ? �t�: a:'t./ A/1 �! 5 Address: i . �( �L/ CT—/7r A.✓�� �, ��7� ��,�r Telephone: Owner of Record of Building: f f(%i`l 7 �l �� ri' i `%l LL, i`i�`i i� 7 Address: Name of Present Holder of Certificate: Name of Agent,if any: PLEASE PROVIDE EMAIL: SIGIqAtURkOETYRSON TO WHOM CERT CATS IS ISSUED ORAJ HORIZED AGENT We are now able to email the certificate to you. _�— PLEASE`PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# EXPIRATION DATE: L J020115c r w� April 28, 2017 HAND DELIVERED WYNN &WYNN- ATTORNEYS Town of Barnstable Regulatory Services BUILD1NG DES Patricia E.Couto Richard V. Scali, Director Jeffrey D.Kiesling Jeni A.Landers Building Division MAY 01 Jeffrey L.Madison Paul Roma, Building Commissioner ZO�� Kevin R McRoy** 200 Main Street Kate A.Messinger*g TOWN OF BARNSTABLE Robert E Mills Hyannis, MA 02601 Charles D.Mulcahy John J.O'Day,Jr. Kevin J.O'Malley RE: Certificate of Inspection for Ashley Manor B&B Raymond C.Pelote* Corey T.Pontes Thomas E.Pontes Dear Mr. Scali: Michael J.Princi Rebecca C.Richardson I enclose herewith a copy of the Certificate of Inspection as required by Janice E.Robbins William Rosa* Section 110.7 of the Massachusetts State Building Code, Eight Edition, issued to Dina A Swanson Ashley Manor B&B in 2016. It is my understanding that on or about April 10, 2017 Dianna M.Williams Paul R Wynn you requested a renewal from the present owners. Thomas J.Wynn I contacted the Building Department on behalf of Daniel R. Bonneau and Ashley R. Bonneau, Trustees of the Ashley Manor Realty Trust; the property is under Of Counsel a Purchase and Sale Agreement a copy of which is attached hereto. Currently, Mr. Gerald S.Garnick and Mrs. Bonneau are requesting a transfer of the Special Permit and Variance issued Hon.James E McGillen,II(Ret.) to the current owners and expect to present to the Zoning Board of Appeals on or Keough&Sweeney William E.O'Keefe about May 24, 2017. Further, my clients have requested a Lodging House License Edward E O'Brien,Jr. from the Licensing Board and expect to be heard on or about May 21, 2017. Admitted: In keeping with the request from your department, my clients make *Massachusetts and Rhode Island application for a Certificate of Inspection and enclose herewith the required filing fee **Massachusetts and New Hampshire in the amount of$50.00 along with their Application. If the Department wishes to,make an inspection in advance of the chain of ownership, you must make arrangements with the current owners at the Ashley Manor location or through their telephone number 508-362-8044. If there is anything that I can do to cooperate with the department please feel free to contact me. Very truly yours, W & W , is ael J. P n , Es . MJP/kec Enclosures 300 Barnstable Road Hyannis,MA 026011(508)775-3665 1(800)852-5211 1(508)775-1244 1 wynnandwynn.com I Page 1 of 7 RE Purchase and Sale Agreement 3660 Main St,Barnstable,AAA PURCHASE AND SALE AGREEMENT OF REAL.ESTATE Agreement made this 28"day of April,2017 1. Parties. WNCENT J. TORENO and PATRICA A. MARTIN, Trustees of the 3660 ,Main Street Realty Trust, u/d/t dated August 5, 2004, registered in the Land Court Division of the Barnstable County Registry of Deeds as Document 976134,,with a mailing address of 3660 Main Street,Barnstable,MA 02630,hereinafter called the SELLER,agrees to SELL,and DAINIEL R. BONNEAU and ASHUY R. BONNEAU, of 6 Canal Park, Unit 502, Cambridge, MA 02141, or nominee, hereinafter called the BUYER.or PURCHASER agree to BUY,upon the terms hereinafter set forth,the following described premises: 2. Premises. The land with the buildings thereon located at 3660 :Main Street, Barnstable, MA 02630. For a more particular description see Deed registered in the Land Court Division of the Barnstable County Registry of Deeds as Document 976135. 3. Fixtures. Included in the sale as a part of said premises are the buildings,structures. and improvements now thereon, and the fixtures used in connection therewith including,if any, all wall-to-wall carpeting, drapery rods, automatic garage door openers, venetian blinds, window shades, all window treatments, screens, screen doors, storm windows and doors, awnings, shutters, furnaces,.heaters, heating equipment, stoves, oil and gas burners and,fixtures appurtenant thereto, hot water heaters, plumbing and bathroom. fixtures, garbage disposers, electric and other lighting fixtures, mantels, fences, gates, trees, shrubs, plants, washer, dryer, refrigerator, range and microwave, as they are and unwarranted. All fixtures will be in as-is condition, at the time of the home inspection;provided however all fixtures will be in the same condition as they were in at the time of the home inspection and the.BUYER will be allowed a walk through on the day of the closing. 4. Deed. Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER or to the nominee designated by the Buyer by written notice to the Seller at least seven days before the deed is to be delivered as herein provided, and said deed shall convey a good and clear record,insurable and marketable title for the use and enjoyment of the Premises as a Bed&Breakfast,known as Ashley Manor,thereto,free from encumbrances,except (a) Provisions of existing building and zoning laws; (b) Such taxes for the then current year as are not due and payable on the date of the delivery of such deed- (C) Any liens for municipal betterments assessed after the date of this agreement; (d) Easements,restrictions and reservations of record,if any, so long as the same do not unreasonably prohibit or materially interfere with the current residential use of said premises as a single family dwelling/B&B/Inn; Page 2 of 7 RE Purchase and Sale Agreement 3660 Main St,Barnstable,MA S. Plans. If said deed refers to a plan necessary to be recorded thermith the SELLER shall delver such plan with the deed in form adequate for recording or registration. 6. Registered Title. In addition to the foregoing, if the title to said premises is registered;said deed shall be in form sufficient to entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said deed all instruments, if any, necessary to enable the BUYER to obtain such Certificate of Title. 7. Purchase Price. The agreed purchase price for said premises is ONE MILLION TWO HUNDRED TNNTNTY FIVE THOUSAND AND 00/100 ($1,225,000.00)DOLLARS, of Which $ 4;000.00 has been paid with the offer to purchase; $ 45,000.00 is paid herewith as a deposit; $1.176,000.00 is due at closing to be paid by certified, cashier's, treasurer's or bank check(s),or.attorney's I.O.L.T.A.account check; $1,225,000.00 TOTAL 8. Time for Performance. Such.deed is to be delivered at 12:00 P.M.on or before the 15�'day of June,2017 at the Barnstable County Registry of Deeds,or the office of the BUY'ER's or lender's attorney, provided the same is located within Barnstable County, unless otherwise agreed upon in writing. In no event shall the closing take place outside of Barnstable County. It is agreed that time is of the essence of this agreement (See extension.provisions relating to the BUYER obtaining the transfer of the Special Pen-nit and Variance currently on record and the transfer or issuance of the Inholder's License for the operation of the Bed & Brealdast) If the permits and licenses are granted and the appeal periods run beyond June 1.5,2017,then the Closing Date for this Agreement and the Asset Purchase Agreement shall automatically be extended to June 20,2017. 9. Possession and Condition of Premise. Full possession of said premises free of tenants, is to be delivered at the time of the delivery of the deed, said premises to be then(a)in the same condition as they now are, reasonable use and wear thereof excepted,and(b) not in violation of said building and zoning laws,(c)in compliance with the provisions of any instrument referred to in.clause 4 hereof,and (d)broom clean and free of debris and personal property not included in the sale. The BUYER shall be entitled personally to inspect said premises prior to the delivery of the deed in order to determine whether the condition.thereof complies with the germs of this clause. 10. Extension to Perfect Title or'Make Premises Conform. If the-SELLER shall be unable to give title or to make conveyance, or to deliver possession of the premises, all as herein stipulated; or if at the delivery of the deed the premises do not conform with the provisions hereof, then the SELLER shall use reasonable efforts to remove any defects in title,or to deliver possession as proN ided herein,or to make the said premises conform to the provisions hereto, as the case may Page 3 of 7 RE Purchase and Sale Agreement 3660 Main St,Barnstable,MA. be,in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder,and thereupon the time for performance hereunder shall be extended for a period of thirty (30) days or the expiration date of the BUYER's interest rate lock or mortgage commtment whichever occurs first In no event shall the closing be extended beyond the expira&n of the Buyer's interest rate lock; and in no event shall Seller be obligated to expend more than R000.00 to make the premises conform hereRfth. 11. Failure to Perfect Title or Make Premises Conform, etc. If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, deliver possession,or make the premises conform,as the case may be,all as herein agreed,or if at any time during the period of this agreement or any extension thereof, the holder of a mortgage on said Premises shall refuse to permit the insurance proceeds,if any,to be used for such purposes,then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void.without recourse to the parties hereto. 12. Buyer's Election to Accept Title. The BUYER shall have the election,at either the original or any extended time for performance,to accept such title as the SELLER can.deliver to the said premises in their then condition and to pay therefore the purchase price without deduction, in. which case the SELLER shall convey such title except that in the event of such conveyance in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously restored the premises to their former condition,either (a) Pay over or assign to the BUYER,on delivery of the deed,all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration,or (b) If a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their farmer condition or to be so paid over or assigned,give to the BUYER a credit against the purchase price,on delivery of the.deed,equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. 13. Acceptance of Deed. The acceptance and recording of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are,by the terms hereof,to be performed after the delivery of said deed. 14. Use of Money to Clear Title. To enable the SELLER to make conveyance as herein provided,the SELLER may, at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, provided that all instruments so procured are recorded in conformance with Barnstable County conveyancing practices. i Page 4 of 7 RE Purchase and Sale Agreement g g 3660 Main St,Barnstable,IMA 15. Insurance. Until the delivery of the deed; the SELLER shall maintain the present insurance coverage on said premises. 16. Adiustments. Taxes and water use charges for the then current fiscal year shall be apportioned and fuel value shall be adjusted.,as of the day of performance of this agreement and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the BUYER at the time of delivery of the deed. 17. Adiustment of Unassessed and Abated Taxes. If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed for the preceding fiscal year, with a reapportionment as soon as the new tax rate and valuation can be ascertained; and; if the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the parties; provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18. Deposits. All deposits made hereunder shall be held in escrow by Cape Cod Village Realty as escrow agent subject to the terms of this agreement,and shall be duly accounted for at the time for performance of this agreement. In the event of any disagreement between the parties,the escrow agent shall retain all deposits made under this agreement pending written instructions mutually given by the SELLER and the BUYER,or by a court of competent jurisdiction. 19. Buyer's Default Damages. If the BUYER shall fail to fulfill the Buyer's agreements herein,all deposits made hereunder by the BUYER shall be retained by the SELLER as liquidated damages. This shall be Sellers sole remedy at lave-or in equity. 20. Broker's Fee. A broker's fee for professional services of$42,875.00 is due from the SELLER to Cape Cod Village Realty, who in tam will remit$24,500.00 to McDevitt Realtors, only if,as,and when the full purchase price is paid and the deed is delivered for recording. 21. Brokers' Warranty. The Broker(s) named herein warrant that the Broker(s) are duly licensed as such by the Commonwealth of Massachusetts. 22. Liability of Trustee, Shareholder, Beneficiary, etc. If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing,nor any shareholder or beneficiary of any trust; shall be personally liable for any obligation, express or implied; hereunder. 23. Warranties and Representations. The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has he relied upon any warranties or representations not set forth or incorporated in this agreement or previously made in. writing. Property is being sold in"as-is"condition. Page 5 of 7 Purchase and Sale Agreement 3660 Maul St,Barnstable,MA 24. Construction of Agreement. This instrument,exwuted in multiple counterparts,is to be construed as a:Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is bi i g upon and enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be cancelled modified or amended only by a-mitten instrument executed by both the SELLER and the BUYER. If tivo or more persons are namedd herein as BUYER their obligations hereunder shall be joint and several- The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to he used in determining the intent of the parties to it 25. Lead Paint Lase. The parties aelmowledge that under Massachusetts law, whenever a child or children under six years of age resides in any residential premises in which any paint plaster or other accessible material contains dangerous levels of Iead; the owner of said premises must remove or cover said paint; plaster or other material so as to make it inaccessible to children under six years of.age. 26. Smoke Detectors and Carbon Mono)dde Detectors. The SELLER shall, at the tune of the delivery of the deed deliver a certificate from the fire department of the city or town.in which said premises are located stating that said premises have been equipped.with approved smoke detectors and carbon monoxide detectors in conform t,� with applicable law. 27. Additional Provisions. See Addendum A attached hereto.. BUYERS' obligation to buy; at RUYERS' option, is contingent upon BUYERS; or their designee or assign, simultaneously purchasing the business assets of the Ashley Manor pursuant to an Asset.Purchase and Sale Agreement between the BUYER and Shamrock Associates,Inc, of even date herewith. If the simultaneous purchase; for any reason, is not consummated, then all payments made under this Agreement shall be forthwith refurided and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. -Parties have agreed.any needed repairs identified by the inspection are the responsibility of the buyer. FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978, BUYER MUST ALSO HAVE SIOhTED LEAD PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATION" NOTICE: This is a legal document that creates binding �gations. If not understood, consult an alto�Y• t, 1 Vincent IT o,Trustee,Seller Patricia A.Martin,frustec,Seiler Dan.l 0 u Ashiev R..Bona r Page b of 7 RE Purchase and Sale Agreement 36601Main St,Barnstable,MA ADDENDUM A Mortgage Contingency: In order to help finance the acquisition of said premises the Buyer shall apply:for a conventional bank or other institutional mortgage loan in the amount of$980,000..00, at prevailing rates, terms and conditions. If despite the Buyer's diligent efforts a commitment for such loan cannot be obtained on or before May 22,2017,the Buyer may terminate this agreement by written.notice to the Seller, and/or the Broker as agent for the Seller,prior to the expiration of such time, whereupon any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. In no event will the BUYER be deemed to have used diligent efforts to obtain such commitment unless the BUYER submits a complete mortgage loan. application conforming to the foregoing provisions on or before April 28, 2017. The BUYER and SELLER understand and acknowledge that any mortgage commitment will,be predicated on the transfer of all licenses and permits for the operation of a Bed &Breakfast on the Premises,with all appeal peiiiods having run. Additional Provision: -If Buyer is securing financing, then the sale is contingent upon the property being appraised for an amount equal to or greater than the purchase price. Permitting and Licensing Contingency: The Parties agree and acknowledge that this Purchase & Sales Agreement and the Asset Purchase Agreement are contingent upon the Town of Barnstable Zoning Board of Appeals transferring or issuing the Special Permit and Variance:currently in place for the Premises (with all appeal period having run) and transferring or issuing an Inholder'sBoarding House License for the operation of Ashley Manor as a Bed & Breakfast for 6 bedrooms up to 12 guests. The Parties acknowledge that the earliest that the BUYER can present applications for the transfers is May 24,2017 and that decisions will enter thereafter with an appeal. period of 20 days from the date the approvals are filed with the Town Clerk In the event that all the transfer of'lioenses and permits arc not final by the closing date, then at the BUYER's sole option the Closing date for this Agreement and the Asset Purchase Agreement will be extended until all licenses and permits are final. The BUYER will do everything within their;power to get the applications filed by May .1,2017 as required by the ZBA and the Licensing Board;however without the SELLER's cooperation, this cannot be done. The SELLER agrees to provide BUYER will all plans and documents previously filed before the ZBA and Town Licensing Board when the permits and licenses were transferred or issued to them. This delivery shall be done no later than Thursday April 27,2017. This Agreement is contingent upon the SELLER providing a satisfactory Septic inspections on or before May 12,2017, This Agreement is contingent upon the SELLER completing the following repairs on or before May 10.201.7- Page 7 of 7 RE Purchase and Sale Agreement 3660 Main St,Barnstable,MA Flat roof and deck over office are being replaced. Interior of office where stained will be rewired. Chlmiley -wffl be re-flashed and Gapped. Brick to be replaced on step of Ashley Suite Termination if permits and licenses do not transfer. If the T pvm of Barnstable Zoning Board of Appeals or the Barnstable Licensing Board denies or fails or refuses to approve the transfer of permits and licenses, which are required for the Buyer to operate the Business, with all appeal periods having run. by.June 20, 2017, then Buyer shall have the option. of terminating this Agreement and the Asset Purchase Agreement, dated the same date of this Agreement or to continue the two agreements for up to thirty days, after which either party may terminate and all deposits shall_ be refunded forthwith. If the Boards approve the transfer of permits and licenses and thereafter during the appeal periods, any third party appeals the approvals,then Buyer shall have the option of terminating this Agreement and the Purchase & Sales Agreement and all deposits shall be refunded forthwith. SEE DYER DBNDUg attached and incorp d.� e 'wi7 Viiv -nt T. o Trustee,Seller Patricia A-Martin,Tru.stee,Seiler D o ea uyer Ashley R.Bonneau, er i Addendum A TO PURCHASE AND SALE AGREEMENT This Addendum "A"is incorporated by reference into the PURCHASE AND SALE AGREEMENT regarding 3660 Main Street, Barnstable, MA 02630 and is expressly made a part thereof, 1. This Addendum supersedes, modifies, amends and is hereby incorporated into the Standard Form Purchase and Sale Agreement between SELLER and BUYER; in the event of any conflict between this Addendum and the said Standard Form Purchase and Sale Agreement,the terms of this Addendum shall control. 2. Upon the request of the attorney for BUYER, SELLER shall execute and deliver simultaneously with the delivery of the deed,and when required shall on oath swear to the truth of the matters therein set forth, such documents as may reasonably be required by said'attorney, including but not limited to certifications or affidavits with respect to: (a) persons or parties .in possession of the premises; (b) facts or conditions which may give rise to mechanic's or materialmen's liens; (c)the true purchase price of the premises and whether the SELLER has or intends to lend to the BUYER a portion thereof, (d) the absence of urea formaldehyde on the premises; and (e)Smoke Detector Certificate, (f)that SELLER is not a foreign person subject to the withholding provisions of the Deficit Reduction Act of 1984 (FIRPTA), (g) IRS forms, (h) any other form reasonably required by Buyer's attorney. 3. BUYER and their representatives (i.e. architects and contractors) shall have access to the premises for the purposes of taking measurements, and the like, at reasonable times,with prior notice to SELLER, and in the presence of SELLER or SELLER's agent. Buyer and their representatives shall indemnify and holder Seller harmless to and from and causes of actions and damages resulting therefrom and shall restore the property to the same condition as it was prior to entry. i 4. SELLER represents,the same to be true as of the date hereof and as of the date of closing, that; to the best of SELLER's knowledge (1) there is not UFFI within the premises; and (ii) the SELLER has not received any notice or communication that the premises are in violation of any federal, state or local environmental, sanitary, health or safety statute, ordinance, code, by-law, rule or regulation. 5. ENCROACHMENTS: It is understood and agreed by the parties that the subject premises shall not be in conformity with the provisions of this Agreement unless: Addendum A,Page 1 A. All buildings, structures and improvements including, but not limited to, any driveways, garages and septic systems and cesspools and all means of access to the subject premises shall be located completely within the boundary lines of the said premises and shall not encroach upon or under the property of any other person or entities unless permitted by a duly recorded easement. B. No buildings, structures or improvements of any kind belonging to any other person or entity shall encroach upon or under said premises unless ,permitted by a duly recorded easement. C. The premises is not within a so-called "Flood Plain Area" or "Mood Plain Zone" or any other such flood-prone areas as determined under the maps and regulations of the Federal Emergency Management Agency, with respect to the federal flood plain insurance program, D. Title to the premises is insurable, for the benefit of the BUYER (for owner's policy) and BUYER'S mortgage lender (loan policy) by a title insurance company of BUYER'S choice qualified to do business in Massachusetts and utilizing the American Land Title Association (ALTA) form currently in use, subject only to those printed exceptions to title normally included in the "Jacket"to such form or policy and those permitted pursuant to Paragraph 4 of this agreement. it is agreed that in the event of a title matter for which a title insurance company is willing to issue so-called "affirmative coverage" over a known defect or problem, BUYERS may elect to accept same but shall not be required to do so, and shall have the right, at the option of their counsel,to deem title to the premises unacceptable or unmarketable and to terminate this Agreement. E. The premises is legally subdivided and separated from all other lots pursuant to the provisions of the Subdivision Control Law, M.G.L.A. c.40A; F. The subject premises abut or has access to a duly accepted public way, by the city or town, or legal and recorded access via a private way to a public way, in which said premises are located. 6. CONTINUATION OF PARAGRAPH 9 (Condition of Premises) SELLER shall deliver all dwelling and daily use areas of the premises broom clean, including, but not limited to closets and, if applicable, the basement and garage in broom clean condition and free of personal property (not included in the sale) and debris. The SELLER shall deliver all other areas of the premises, including but not limited to closets, the attic, basement, crawl spaces, shed(s) and garage and the grounds free of debris, building materials such as lumber , insulation, and the like, paints, Addendum A,Pab solvents, chemicals, and personal property (unless an item is specifically included in the sale), SELLER shall deliver all fixtures, appliances, heating, plumbing and electrical systems, and personal property owned by the SELLER included in the sale in the same working order that they were at the time of the Offer to Purchase, minus reasonable wear and tear. At the closing, SELLER agrees to deliver to BUYER all keys and electronic garage door openers, if any, for the .Premises, and all manufacturer's warranties in SELLER'S possession for the appliances conveyed hereunder. 7. Any matter or practice arising under or relating to this Agreement which is the subject of a practice standard adopted by the Massachusetts Real Estate Bar Association shall be governed by such standard to the extent applicable. 8. If there shall be a fire on said premises at any time prior to the closing hereunder causing damage , then and in that event, at BUYER's option, any payments made under this Agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this Agreement shall be void and without recourse to the parties hereto. 9, SELLER represents, to the best of their knowledge, to the BUYER that the SELLER has never disposed of any hazardous waste or material (excluding ordinary household waste) on or about the premises during the period of SELLER's ownership, and that the Seller is not aware of the disposal of such waste on or about the premises by anyone else during said period of ownership. SELLER also represents,to the best of their knowledge,that SELLER has not placed,and SELLER is not aware of any placement by others, of underground storage tanks on the premises. 10. Notwithstanding anything else in this Agreement to the contrary, SELLER represents to the best of SELLER's knowledge and belief, and without independent inquiry, that, as of the date of this Agreement and the date of the delivery of the deed: A. there are no contracts, oral or written, involving the Premises which SELLER has negotiated or contracted or which will be binding upon BUYER or affect the Premises in any manner after the closing, except for those contracts expressly permitted by this Agreement; B. SELLER has not received any notice or communication from any public authority to the effect that there exists, with respect to the Premises, any condition which violates any municipal,state or federal law, rule, regulation,ordinance or the like; C. SELLER is not a "foreign person" as that term is used in Internal Revenue Code Section 1445 and the regulations promulgated thereunder, and accordingly BUYER is not required to withhold any taxes upon the disposition of the Premises to the BUYER; Addendum A.Page ti I D. there is no pending SELLER bankruptcy, mortgage foreclosure, contemplated town/city betterment or assessment, or other proceedings or circumstances that might impact adversely on the SELLER's ability to perform-on the dosing date, and that the mortgage and other lien payoffs will be for less than the sales price. E. SELLER is not aware of any litigation pending or threatened regarding the property, either by a Tenant or anyone else. This paragraph shall survive the delivery of the Deed. F. SELLER owns the personalty and fixtures described in Section 3 of this Agreement free of any lien or encumbrance 11.The SELLER and the BUYER each represent to the other that they have not dealt with any real estate broker in connection with this transaction, nor were they directed to each other as a result of any services or facilities of any real estate broker except the Brokers set forth herein. The.SELLER and BUYER agree to indemnify and hold the other harmless from any loss, damage, cost (including without limitation, attorneys' fees) or liability which either party may incur as a consequence of any claims for a commission or fee arising from this transaction asserted against either party by any broker, other than the broker named herein, with whom either party has dealt. This paragraph shall survive delivery of the deed. 12.Clause 10 shall further state "This Paragraph shall be construed to apply to matters affecting title, and compliance of the Premises with municipal, county, state or federal codes, ordinances, statutes or regulations concerning the premises and to which the premises are subject under the terms of this agreement.This Paragraph shall not,however, be construed to excuse SELLER from vacating the premises at the time set for performance hereunder for reasons such as unavailability of movers, inconvenience or other such delays in performance hereunder. 13. Between the date of the signing of this Agreement and the time for performance pursuant to the Agreement, SELLER shall maintain and/or service the premises and its appurtenances at the same level of effort and expense as the SELLER has maintained and/or serviced the premises for the SELLER'S own account prior to the date of this Agreement. 14. SELLER acknowledges that the subject real estate transaction is not a short sale or pre-foreclosure transaction, nor has the SELLER filed,or is about to file for bankruptcy, nor is/are there any Federal or State tax liens filed against the property, or pending, 15. Execution of Deed: In the event that SELLER is a natural person,SELLER shall execute the deed personally; it is agreed that a deed executed under a Power of Attorney shall not constitute a satisfactory deed under Paragraph 4, Addendum A,Page I } 15. PERMITS AND APPROVALS. SELLER represents to the best of Seller's knowledge that any and all improvements and/or renovations completed or commenced during SELLER's ownership of the premises have been completed pursuant to duly issued and approved permits. 17. By executing this Agreement, the BUYER and the SELLER hereby grant to their attorneys the actual authority to bind them for the sole limited purpose of allowing them to grant extensions for any paragraphs in this Agreement, and the SELLER and the BUYER shall be able to rely upon the signatures of said attorneys as binding unless they have actual knowledge that the principals have disclaimed the authority granted herein to bind them. 18.AUTHORIZATION TO RELEASE MORTGAGE PAYOFF INFORMATION: SELLER agrees to provide a signed authorization to release mortgage payoff information to BUYER's counsel. 19. If the property is subject to an Order of Conditions,Seller shall obtain a Certificate of Compliance to be recorded priorto or at closing. 20.This Agreement maybe executed in multiple counterparts, and may initially be executed by facsimile signature with an original signature to follow, and as so executed shall constitute one document. \NI-NESS our hands and seals this 28`h day of Apr' 17. 3 f ,V / f � SELLER: Date SELLER: Date L BUYS Date BUYER: Da Addendum A,Page ___._._.----.---------__-- --- --- .-..-.._.. 5 „ET The Commonwealth of Massachusetts Town of Barnstable 2017 tED MAC Certificate of Inspection Ashley Manor Certificate No. Issued to Vincent J. Toreno Type: Certificate of Inspection IC-16-115 Identify property address including street number, name, city or town and country Certificate Expiration Located at Map/Lot 317-021-001 5/6/2017 in the Town of Barnstable - 3660 MAIN ST./RTE 6A(BARN.), BARNSTABLE Location Use Group Classification(s) Allowable Occupant Load 1st R-1: Boarding houses (transient), hotels, motels 12 Restrictions 6 Lodging Rooms 12 Lodgers Max. This Certificate of inspection is hereby issued by the undersigned to certify that the premise, structure or portion thereof as herein specified has been inspected for general fire and life safety features. This certificate shall be framed behind clear glass and\or laminated and posted in a conspicious place Within the space as directed by the undersigned, Failure to post or tampering with the contents of the certificate is strictly prohibited. Name of Municipal Building Commissioner Thomas Perry Date of Inspection 5/6/2016 Signature of Municipal Building Date of Issuance Commissioner 5/6/2016 r i The State of Massachusetts - ,, KAM.. a Town of Barnstable New and Renewal Certificate of Inspection Application Date 5/6/2016 Fee Required 50.00 In accordance with the provisions of the Massachusetts State Building Code,Section 110.7, hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3660 MAIN ST./RTE 6A(BARN.),BARNSTABLE Name of Premises: Ashley Manor Purpose for which premises is used: License(s) or Permit(s) required for the premises by other governmental agencies: BUILDING DEPT MAY O 12017 Certificate to be Issued to: TOWN OF BARNSTABLE Address: 3660 Main Street Barnstable Ma 02630 Telephone: (508)362-8044 Owner of Record of Building: 1 Toreno Address: 3660 Main Street Barnstable Ma 02630 Name of Present Certificate Holder: Vincent Name ofigent, if any CQWV -- SIGNATURE OF PERSO TO.WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1) Make check payable to:TOWN OF BARNSTABLE 2) Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS, MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued.3)The building official shall be notified within ten (10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# Ic-1 15 EXPIRATION DATE S/ 017 i `x# -The Commonwealth of Massachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to ASHLEY MANOR 9 Certify that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts Construction Type: UNK . Use GroupW: R1 The means of egress are sufficient for the following number ofpersons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX" Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201408889 1/3/2015 1/3/2016 1 02 01 V The building official shall be notified within (10) days of any / �1 changes in the above information. Building Official COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABL E �y APPLICATION FOR CERTIFICATE OF INSPECTION Date (X) Fee Required$ 50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3 0 /Zc Name of Premises: IL Purpose for which premises is used: r License(s)or Permit(s)required for thepremises by other governmental agencies: License or Permit,,- AA Certificate to be Issued to: 5 Address: :3 (a:(D.Q /�I�4-�.N" /544<4 S Telephone: Owner of Record of Building: Vf n( Address: 3 to b 0 A( /� N S�`7S��.0 !�i4 B6�-0 r127 Name of Present Holder of Certificate:. N C.e-Olt] T 4-1-tfl-i. Name gent,if any: SIGNATURE OF P4§eN TO WHOM CERTIFICATE I "" IS ISSUED OR AUTHORIZED AGENT - ' PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be`submitted for each building or structure or part thereof to be certified. . 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified.within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# v D EXPIRATION DATE: CP J081210 1 1 The CommonWealtb of 41azzacrbuattz TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 1065, this CERTIFICATE OF INSPECTION is issued to ASHLEY MANOR 3 QLertffp that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. Construction Type: UNK Use Group(s): RI The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201400141 1/3/2014 1/3/2015 317 021001 The building official shall be notified within(10) days of any changes in the above information. Building Official COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE . APPLICATION FOR CERTIFICATE OF INSPECTION Date ` '� i +� l 3 (X) Fee Required$ S0.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3 (9 d -�� S ZYL-C-z i Name of Premises: /?'C s-�t�C e Purpose for which premises is used: 01 Cg License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit A t 01 rs Certificate to be Issued to: �C'�C/ //lit_d��C..� g M � ri Address: 3 /,z, �. 3,Arz,\( Telephone: Owner of Record of Building: Address: 3 fie. Co Name of Present Holder of Certificate: r.c�.c / Ile n r NamIgent, f any: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT L/t.'y y PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# Q I9 L EXPIRATION DATE: D J J081210 E Commonbicaltb of Alaozacbuzett,5 TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.S, this CERTIFICATE OF INSPECTION is issued to ASHLEY MANOR 3 Q'CUMP that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. Construction Type: UNK Use Group(s): R1 The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201207946 1/3/2013 1/3/2014 7-0 1 The building official shall be notified within(10) days of any �- changes in the above information. Building Official z COMMONWEALTH OF MASSACHUSETTS TOWN-OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION A Date z i[ a (X) Fee Required $ 50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5, I hereby apply for a Certificate of ' Inspection for the below-named premises located at the following address: Street and Number: 4 -,r4 __3/�rV S 7`. i�c_ /'�s� Q b v� a Name of Premises: s G� �/ uc /1'-1 Purpose for which premises is used: License(s)or Permit(§)required for the premises by other governmental agencies: License or Permit Agenc LOa G-11,1 GL. 1-4,AS t� Certificate to be Issued to: S 4 `I/f�-,c Address: N Q.2-64,?0 Telephone: 1_5W_ 3 b v2 - (- U V Owner of Record of Building: !l/ Address: U �/L p`�—c N `_ Name of Present Holder of Certificate: Y r�C C.�� / *�. %� �(c7 /�° <<</ - / '( Name gent, if any: SIGNATURE OF P N TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT NJ PLEASE PRINT NAME _ INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check.to: BUILDING COMMISSIONER,200 MAIN STREET, HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or,part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10) days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# C)` EXPIRATION DATE: (� J0$_I'210 TO CommmonWealtb of 1.aggarbu.5ettq TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to ASHLEY MANOR . .3, Ctrtlfp that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. Construction Type: UNK Use Group(s): R1 The means of egress are suff cient for the following number of persons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX Certificate Number: DateCertificate Issued: Date Certificate Expired: Map Parcel 201200144 1/3/2012 1/3/2013 /3! 02 01 The building official shall be notified within(10)days of any changes in the above information. Buy ding Official f'd r COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE Imo= APPLICATION FOR CERTIFICATE OF INSPECTION Date �^ /! (X) Fee Required$ 50.00 ( ) No Fee Required . In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3 6 /�t �( �''+ S ' f'►if✓f �7 c7 Name of Premises: Purpose for which premises is used: License(s)or Permit(s)required for the;premises by other governmental agencies: License or Permit Agency i-tS f 4 Certificate to be Issued to: A�4 �� Address: 3 l?41,2-rw Telephone: Owner of Record of Building: 1// ^I k)- 1 Address: i Name of Present Holder of Certificate Ot Gin Name-o gent,if any: i w.a zz GNATURE OFCR9kS6N TO WIIOIY(CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME t r INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. - 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: Olin CERTIFICATE#C) EXPIRATION DATE: J081210 e �Cou�n�o bye rt of A1a,5,5arbu!6ett!6 TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.S, this CERTIFICATE OF INSPECTION is issued to ASHLEY MANOR 31 QCertifp that 1 have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. Construction Type: UNK Use Group(s): R1 . The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX r Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201100041 1/3/201.1 1/3/2012 3 7 021001 The building official shall be notified within(10 days aJ's of any � changes in the above information. Building Official I;� en 'A COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date l 2--3 ,3 "/ (X) Fee Required $ 50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5, I hereby apply for a Certificate of Inspection for the below-named /premises located at the following address: Street and Number: 3 (Q. //k,/tc Name of Premises: Purpose for which premises is used: License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Agenc Certificate to be Issued to: 0 Address: Telephone: Owner of Record of Building: VC Cit�r/ ��r`LU F Address: �C�r ��— 3 p Name of Present Holder of Certificate: VC Na gent, if any: SIGNATURE OF MRSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET, HYANNIS, MA 02601 PLEASE NOTE: I)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# �►O�/'OQO�,/ EXPIRATION DATE: /A; // Z. IJ081210 TOWN OF BARNSTABLE Date. �... ..:'...3..-... ..�d �► ❑ New Application LICENSE APPLICATION snnrrsrABM Renewal �MAW s 200 Mani Street 6 i ❑ Transfer 39� p Hyannis,MA 02601 (508) 862-4674 ❑ Other —♦ NO BUSINESS MAY OPERATE= WITHOUT A VALID LICENSE ON THE PREMISES �- ---- -- --- _� _ . _yName of aPPlican/cor oration: Vi Nt�-rtT J �rt a &r�JV omephone# It P — - --- --- Address of applicant/corporation: Business phone#. - .- ( .-.r �2_..._ . ......_...__......__.._ Business D/B/A �......`l._.._......._-��_..._ ..... -- _.. _. ... -- - ;, phone# Business location: Businessmailing address: ---.--._...............____..,..._.._....-_._...__..:.:......._.._...._._....._—......._......-...:.__..._.._._._.__.......—_...._....--.-.-.---....__.-......___._......._............_..._...___._......_-.---...--.---_._.__.-......._---.._.__.___._...___ Local business address: -----__�_.------...--- -- -----....__...-----------------....__.--------------------------------- 5 .. ...................................................address: __`_:::.:::.._......_...................._...........-- -..........._......_._._._............._..__.._..._......._............_.............__...._.................................__..._... _ ._..._._..---..........._.._.. -._......-------- LICENSE TYPE: ............L..�....t�....�' �:�............:....... ................................................................................. Annual �� Seasonal HOURS OF OPERATION: —_-.._.__..__ Name of manager: V/ tq eMail:S7*,/ Q fij 4 Ir, n!r-' Local mailing address: 3.L..G... ...n":/ ,.n+...... ..... .......?:: 14.r . ...,. ?c`' ...:....:.. ?... ...:(.7.. ...........:.............................:....:........ Manager's permanent mailing address: _ r - Manager's home phone#:-S b -- "t q Business phone#: .__:-3 lo.: o�_y�/ Name ofproperty owner: VI- ---------- -- -/ - - . :- ..__.._C_ 4-_.._ -- ASSESSOR'S MAP/PARCEL#: MAP / ? PARCEL List any flammable substance or hazardous waste used in business (specify): Applicants must ONLY contact the Building Commissioner' s office, (508) 862 4038, the Board of Health office, (508) 862-4644, and the appropriate Fire District office to schedule inspections IF YOU ARE NOT. OPEN OFFICE BUSINESS I HOURS (8 :30 - 4:30 da' ily).__._. a l Signature of applicant ........................................................... ..... ......................................................................................... ......... ......... ...................... .......... only REAL ESTATE TAXES PAID IN FULL �F�r�row� PAYMENT AGREEMENT IN EFFECT ON j IS THIS USE PERMITTED WITHIN THIS Z?NJJN STRICT? YES ❑ NO. : I INSPECTORS APPROVAL Capacity set by Building Division__....-_ Building/Zoning_.......- .- - Date _�.. ... ... _"Z�:.._.:.: Board of Health- -- --: �,.<......... Date _._......... =Fire District ----------------- --._._.._ Date-------._......---------------Comments:_._',-----=- i White-Licensing Authority Gold-Building Commissioner Pink-Fire Department Canary-Health Division The Commonbicaltb of '41a.55ar juatt.5 TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to VINCENT J. TORENO X QCertifp that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. Construction Type: UNK Use Group(s): RI The means of egress are sufficient for the following number ofpersons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 200906101 1/3/2010 1/3/2011 317 02.1001 The building official shall be notified within(10) days of any changes in the above information. Building Official rl 11 COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date (X) Fee Required$ 50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5, I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: .Street and Number: 0 114"f-cry ��JVS7��C.:� �,g � -7 6 Name of Premises: -S y MSC de- Purpose for which premises is used: - ZE N: ~; License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit A I virn Certificate to be Issued to: Vf Address: t7 f'k/t-•i`t / Ld1tS 7p9-L f� � Telephone: Owner of Record of Building: V!/U.,Cjc:r—tl 'Lq o Address: (Q (Q t? ~I Name of Present Holder of Certificate: VC t-co" � Name o - gent, if any: .A SIGNATURE OF PE S TO WHOM CERTIFICATE ISM ISSUED OR AUTHORIZED AGENT �l/K L nL.�- J, ?'0/z, -'),t 0 PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET, HYANNIS, MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# 9 D 45;`0l EXPIRATION DATE: J081210 ' TOWN OF BARNSTABLE Date: ❑ New Application LICENSE APPLICATION BARMABU& ® Renewal �.° 200 Main Street El Transfer ►� Hyannis,MA 02601 Y ❑ Other (508)862-4674 ♦ NO BUSINESS MAY OPERATE WITHOUT A VALID LICENSE ON THE PREMISES // d'-: `meph `� � " 3 (o ff te rr y Name of applicant/corporation: \P c r( t _v_ v r &c Home phone#: -__.____._ _�'. G a 111"�_f. _._ - .�_----_ Business Address of applicant/corporation:-- ----- -- = - _.. _. .__ ___._._. phone#. - .................................................... D/B/A ---. L -' f - ' r� t_-..._' .------._...... ..........._...... _ Business phone#: Business location: __._...----- --- ...�. f'```- r1_.__ - ._.__._✓ ._S_ =.�O r�4— _ '_._._..._... _(0_3�?---------- �, Business mailing address: -.--.-.---._--.�--------.---------.---__---.._—...__.._.__..__---_._._._.._.______....____—_...__-- -- ------__-.-- —__-- Local business address: ,�� --.....__.-.............-- _. -._..... _�-._......__................-....__..........-.......--.........-_........--.._..........._..._......_.................._............_...................--.........._..........__....—.....—..-------..._........_....._.__.._...._._...- Local mailing address: ----..........------ ----....--- - ----.........-------- --- --------- ------—-- LICENSE TYPE: ..................�� :.?.....! ..... a:.r..�.�. `........: Annual 0 Seasonal 0 HOURS OF OPERATION: c?' `_t H 10`111:4-____ FID#: Name of manager: r �,t -� i i /' v eMail: S 4 f �:_.-----_...._ _._�__'. —.°i...._'C-' _.__...................--._-. 7`d'•.'% cif _ o , Local mailing address: .--jam.... .... ....4......t?'. -..r. ?.........- ` .............. v °6`' ..5. ._.......................................................... 1:.1-5...v..... Manager's permanent mailing address: �>`�`�'' . Manager's home-phone#:S' _3 _ UY_q Business phone#:.5 3G ...6a=}''�..`� Name of property owner. ! ,_rr L--tt-`---'�=-.` `' ...... ...._...... -------...- -- ASSESSOR'S MAP/PARCEL M MAP . / . ..,•,...•..,•.•.••••_•••••, PARCEL .(Q c?-..C._f•._ List any flammable substance or hazardous waste used in business(specify): Applicants must ONLY contact the Building Commissioner' s office, (508) 862- 4038, the Board of Health office, (508) 862-4644, and the appropriate Fire District office to -schedule inspections IF YOU ARE NOT OPEN OFFICE BUSINESS HOURS ('8:30 - 4:30 daily) . Signature applicant �- �,�- --- of ....................................................................................................... l ( `For Town,use only REAL ESTATE TAXES PAID IN FULL. L= ' PAYMENT AGREEMENT IN EFFECT ON IS THIS USE PERMITTED WITHIN THIS ZONING DISTRICT? YES ❑ NO•,, - ' INSPECTORS APPROVAL Capacity set by Building Division__............... __...----- ----...... -._...__..__....-----....._..._..._..................... __... ..... ---... Cuildin /Z ing_._._-... Date .......... Board of Health Date y_ _ :Date Fire District _..__..........._...._..._................__.._._.._._._..._...-_._:Date ...._...._.._......_......................--..........._.... ---Comments:.........................._...._._......:_ __,_....: ......._.__..:...----._.._.:_................__......_......_....._._................------- White=Licensing Authority Gold-Building Commissioner Pink-Fin:Department Canary-Health Division je CommD kne rr j of &5,5ar ju5etr TOWN OF BNPNSTABLE � In accordance with the Massachusetts State Building Code; Section.106.5, this CERTIFICATE OF INSPECTION is issued to VINCENT J. TORENO I Q'Certif p that I have inspected the premises known as: ASHLEY,MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of$arnstable Commonwealth of Massachusetts. Constructign Type: UNK Use Group(s)R. RI The means pf egress are sufficient for the following number of persons: R Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX 1 Certificate Number: Date Certificate Issued: Date Certificate Expired:, Map Parcel 200807121 1/3/2009 1/3/2010 317 .021001 The building official shall be notified within (10) days of any. --� changes in the above information. _ Building Official t 1i► - COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date / Z/ 2,3 C c9 P (X) Fee Required $ 50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5, I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: Name of Premises: 6 s z -1� Purpose for which premises is used: 73 ob License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Agency Certificate to be Issued to: Address: �O p i9— ,o.l 6 3 �J Telephone: 3 ��o - Owner of Record of Building: Y r e`l C,t;-4__/ [C ,I - `'t/4-e�7�z Address: �c (10 0 Name of Present Holder of Certificate: \��, fV..C C�/ J N of Agent, if any: SIGNATURE O RSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT yr rq J, 76/zcyU PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# 2. 7C,7<5 EXPIRATION DATE: J081210 V , The Commoubaeartb of lao5arbu.5ett.5 TOWN OF.-BARNSTABLE In accordance with the Massachusetts State Building;Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to VINCENT J. TORENO I ctrttfp that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. Construction Type: UNK Use Group(s): RI The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 200708317 1/3/2008 1/3/2009 317 021001 The building official shall be notified within(10) days of any changes in the above information. Building Official COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date 1z�3 ��� ? (X) Fee Required$ 50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5, I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: -3 fo 60 l/4 j/,,z;,Lrq-.s7`i4l c'� Name of Premises: Purpose for which premises is used: License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Agency Z_0D (r nt.!a A"SC' Certificate to be Issued to: S Address: -3 l0 �O v �c✓�—�.,y S-1� ���n[.s 1 it-L lc o.z 63 Telephone: Owner of Record of Building: V t /1 Address: �� �-..,c � �c s l -S� '9-- B 3 y Name of Present Holdef of Certificate: y t^C (xhL 7, a, Name of gent; if any: / SIGNATURE OF P SON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET, HYANNIS, MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building_official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE#9 6�V 70 FF,1,17 EXPIRATION DATE: J020115b Commoubicaltb of jlnagq u�ett� TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to VINCENT J. TORENO �1 QCertifp that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. Construction Type: UNK Use Group(s): RI The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 LODGING ROOMS ' 12 LODGERS MAX Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 200700007 1/3/2007 1/3/2008 317 021001 The building official shall be notified within(10) days of any changes in the above information. fflBu a COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date /L /` 5' �� (X) Fee Required$ 50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3(e 0 GV-A-Y N ' Name of Premises: 4 `E`/ 144 4-1l 404- Purpose for which premises is used: Licenses)or Permit(s)required for the premises by other governmental agencies: License or Permit Agency Certificate to be Issued to: Address: COS 0 �`N �-� U3✓ n�Sl�, ,g �a�3 U Telephone: .3-J°- 3 &d q V Owner of Record of Building: q lz Address: S A!' o 1141)L-vy 02-030 Name of Present Holder of Certificate: Vt .,( '"<< Namjof�..,ent,ifany:'f SIGNATURE Of PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING.COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# p© --,7 ©O O� '; EXPIRATION DATE:L�A- J020115b The eommonwealtb of Sao.5arbu.5ettg; TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.S, this CERTIFICATE OF INSPECTION is issued to SHAMROCK ASSOCIATAES I Cerfitp that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. Construction Type: UNK Use Group(s): RI The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 26230 1/3/2006 1/3/2007 317 021001 The building official shall be notified within(10) days of any changes in the above information. Building Official re -TOWN OF BARNSTABLE INSPECTION WORKSHEET CMos`; CERTIFICATE NO: 1 26230 CANCELLED: MAP: 317 DBA: JASHLEY MANOR PARCEL: 021 001 NAME/MANAGER: ISHAMROCK ASSOCIATAES STREET: 3660 MAIN STREET VILLAGE: 1BARNSTABLE STATE: MA ZIP: 02630 SEQ NO: 10 BUSINESS TYPE: ILODGING HSE CONSTRUCTION TYPE: JUNK I STORYI: CAPACITY: USE1: R1 Capacity Under 50: Q STORY2: CAPACITY: USE2: STORY3: CAPACITY: USE3: Outside Seating: r. BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOC1: 6 LODGING ROOMS CAPS: L005: CAP2: LOC2: 12 LODGERS MAX CAP6: LOC6: CAP3: LOC3: CAP7: LOC7: CAP4: LOC4: CAPS: LOC8: INSPECTION: DATE ISSUED: EXPIRATION: IPrintrThis Scree' Eo 5 I 01/03/2006 01/03/2007 � rinGCertificafe of Inspection o1/aY/06 COMMENTS: COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date /?-/ 7` o J (X) Fee Required$ 50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3 u ((a 0 M i9—i N S?�-, /j/ N-r 7?,��Lc`. i2�1 Name of Premises: S /Til/I-Al-'B/L Purpose for which premises is used: 3 0:> I 3?/,zt7gt-e e - 7� License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit A enc Certificate to be Issued to: S 'q-c, Address: 3 0 1*4--,^/ 4-�5` d 914<N -s�SR L�e"� Ak/lt- Telephone: 9 — — (9 q C/ Owner of Record of Building: ����L c�,•ti.( TrQ/L.erTLd Address: Name of Present Holder of Certificate: `���"�c9 uL h-s S a.C-';' r$ Name of nt,if any: ✓til/ SIGNATURE OF PER TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT Y/Al C,--u7 / L9/Z=-w O PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the,certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# o j EXPIRATION DATE: l/J�/� J020115b. L eommonwealtb of Aaq.5arbUq;ettq TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to SHAMROCK ASSOCIATAES X QCertifp that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. Construction Type: UNK Use Group(s): RI The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 26230 1/3/2005 1/3/2006 317 021001 The building official shall be notified within(10) days of any changes in the above information. Building Official w f i�_ J COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date /` `/ ' (X) Fee Required$ 50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: Name of Premises: Purpose for which premises is used: License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit A enc L t.(-c--.lS v Certificate to be Issued to: e,/2.g Address: S7>5L4 Lc'; 1-h-^ a Telephone: -s %99 v 3 ®�y Owner of Record of Building: Address: b� N'� ��nl �., ✓ � �d5ancs f?9���� LI Name of Present Holder of Certificate: Name of Ageany: SIGNATURE OIP P ON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT V iiq c,c"►i J- /ono PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# EXPIRATION DATE: ` J020115b The eommor waltb of Aaoqarbuatto TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to KATHRYN A. CALLAHAN I (F-ertifp that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. \ Construction Type: UNK Use Group(s): Rl The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX Certificate dumber: Date Certificate Issued: Date Certificate Expired: Map Parcel 26230 11/19/2003 11/19/2004 317 021 001 The building official shall be notified within (10)days of any changes in the above information. Zi Building Official COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION a i Date /o?-S__03 (X) Fee Required$ 50.00 No Fee Required In accordance with the provisions of the Massachusetts-State Building Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3 60 Ao.,A) x T."-^ ` Name of Premises: 4d'h/&4 104*404^* Purpose for which premises is used: . ,6xw r, .44nt*ABy /i?h License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Agenc Certificate, to be Issued to: /CR o�/'t�r1 /¢• �'a/�Q�i 67111444 y4 ArjeC/irk-.P, 4e-c. Address: 0 A J*,,Al ,f'T• U,�+2N�T�x3(�, '444 G-"3,0 Telephone: Owner of Record of Building: CO11414*41 t4 ,e rroc iay4e 9 , 41 c. Address: ✓400 A4*1,OJ Sr-, 44WA)d7"Ljg?� A44L Q"_90 Name of Present Holder of Certificate: Name of Agent,if any: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT k*r#oA A &"vmfj PLEASE PRINT NAME INSTRUCTIONS:..._ 1)Make check payable to: 'TOWN OF BARNSTABLE - -2)Return-this application with_your check to: BUILDING COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: { 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# �' G 2�j EXPIRATION DATE: /f�� 9/0 7 7020115b ,�,,, - _ i r I.AW OFFICES OF PAUL R. TARDIF, ESQ. 490 MAIN STREET YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax 1.2tardiCtPotard iflaw.com REFER TO FILE NO. August 23, 2004 Vincent J. Toren Patricia A. Martin P.O. Box 528 Barnstable, MA 02630 Re: Decision filed with Clerk's Office Dear Vince and Patricia: Enclosed please find a copy of the decision which was filed with the Clerk's Office on August 18, 2004. By my calculations, the final decision will be available for recording on September 8, 2004 (the date of filing does not count as one of the 20 days). I will.calendar this a ise you when the decision is on record. ours, if dnc J4 AUIC 18 P + 2: 48 [vim,/] 4p. ..... ,..,{{, iz r• �L ERK fAK�I Town of Barnstable Zoning Board of Appeals Decision and Notice 3660 Main Street Realty Trust Appeal 2004-109-Transfer of the existing Conditional Use Special Permit Number 1998-61B And . Appeal 2004-110-transfer of the existing Variance 1998-62B Transfer of existing Ashley Manor Bed&Breakfast special permit and variance to allow for a 6 room/12 guest bed and breakfast. Summary: Granted with Conditions Petitioner: 3660 Main Street Realty Trust,Vincent J.Toren and Patricia A.Martin,Trustees Property Address: 3660 Main Street(Route 6A),Barnstable,MA Assessor's Map/Parcel: Map 317 Parcel 021.001 Zoning: Residence F-2 Zoning District Background: The applicant seeks to transfer the existing Ashley Manor Bed&Breakfast Conditional Use Special Permit Number 1998-61B coupled with Variance Number 1998-62B to allow a 6 room, 12 guest bed and breakfast. The permit and variance were originally granted by the Board on November 4, 1998 to Donald J.Bain. The permit and variance were conditioned that they not be.transferred without permission from the Board. On March 14,2001,the Board allowed the transfer of the Special Permit and Variance from the name of Donald J.Bain into the name of Kathryn A. Callahan,(Callahan&Associates,Inc.)(Appeals 2001-23 &24). Again the Board conditioned the transfer of the permit and variance to.the applicant. Today,the applicants seek to have the permit and variance transferred.to them to allow the continued operation of the Bed&Breakfast. There are no proposed changes in the site or in the number of rooms or lodgers. The property consists of approximately 1.86 acres located on Main Street(Route 6A)in Barnstable Village. It is improved with a 5,394 sq. ft.two plus story wood frame dwelling, a 616 sq.ft. cottage and a 220 sq.ft. shed. According to assessor's records,the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site.is served by public water and.a private,on-site septic system Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 24,2004. An extension of time for holding the public hearing and for filing of the decision was executed between the applicant and the Board. A public hearing before the Zoning Board of Appeals was . duly advertised and notice sent to all abutters in accordance with MGL.Chapter 40A. The hearing was opened on August 04,2004, at which time the Board found to grant the appeal. Board Members deciding this appeal were: Richard L.Boy,Sheila Geiler,Jeremy Gilmore,Gail Nightingale, and Acting Chairman Ralph Copeland. Planning Division-Staff Report Attorney Paul R. Tardif represented the applicant before the Board. He explained that the request was a simple transfer of the existing special permit for the operation of a bed and breakfast operation and a transfer of the existing variance to the provision of the B&B regulations to permit operations to have up to 6 bedrooms and occupancy of up to 12 guests. The board questioned if any changes were being made in the operation or site,and it was noted that none were contemplated. The Board questioned if a new permit and variance should be issued;they determined to keep the remaining permit a variance"as is" and to simply vote for the transfer of them. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of August 04,2004,the Board unanimously made the following findings of fact: 1. Appeal 2004-109 is that of 3660 Main Street Realty Trust,Vincent J.Toren and Patricia A.Martin, Trustees,requesting a transfer of the existing Conditional Use Special Permit Number 1998-61B issued for the operation of the existing Ashley Manor Bed&Breakfast. 2. Appeal 2004-110 is that of 3660 Main Street Realty Trust,Vincent J.Toren and Patricia A.Martin, Trustees seeking transfer of the existing Variance 1998-62B issued for the existing Ashley Manor Bed&Breakfast to allow for a 6 room, 12 guest bed and breakfast. 3. The property is shown on Assessor's Map 317,Parcel 021.001 addressed as 3660 Main Street (Route 6A),Barnstable,MA in a Residence F-2 Zoning District. The applicant is not proposing any changes in the site and no changes in the number of rooms or lodgers. 4. Since the permit and variance already exist, and have for a number of years,to permit the transfer would not present a detriment to the neighborhood and it is within the power of the board to permit such a transfer. Decision: Based on the findings of fact,a motion was duly made and seconded to grant the transfer of Conditional Use Special Permit Number 1998-61B and the transfer of the Variance 1998-62B originally issued to Donald J. Bain to the applicant 3660 Main Street Realty Trust,Vincent J. Toreno and Patricia A.Martin,Trustees subject to compliance with all condition enumerated in Special Permit 1998-61B and Variance 1998-62B. The vote was as follows: AYE: Richard L.Boy, Sheila Geiler, Jeremy Gilmore, Gail Nightingale,Ralph Copeland NAY: None 2 -s Planning Division-Staff Report Ordered: Conditional Use Special Permit Number 1998-61B and Variance 1998-62B have been transferred into the name of the applicant 3660 Main Street Realty Trust,Vincent J.Toren and Patricia A.Martin,Trustees. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any, shall be made pursuant to MGL Chapter 40A,Section 17,within twenty (20)days after the date of the filing of this decision,a copy of which must be filed in the office of the Town Clerk. Ralp Copelan ,Acting Chairman Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 3 a TOWN OF BARNSTABLE Date: ......r ...:.: t' '-.. 11 LICENSE APPLICATION O New Application ' ❑ BAMSTABM ` 9� 1 Renewal ,�� 200 Main Street El Transfer 'OrEp�A Hyannis,MA 02601 508-862-4674 ❑ Other ♦ NO BUSINESS MAY OPERATE WITHOUT A VALID LICENSE ON THE PREAUSES 4 3 Name of applicant/corporation: Home hone#:p Y Address of applicant/corporation: Business phone#:`"f - ........................................ D/B/A Business phone#: ; Business location: Business mailing address: Local business address: Local mailing address: _ LICENSETYPE: ............................ ::.r:._``J,...::.:.......f:Y::........................,.................................................................................. Annual Seasonal HOURS OF OPERATION: °_'f i -•� FID#: Name of:manager: Localmailing address: ......_..... s�:....._.....:..........:............................................ �:,. ....._ ........ s....... ..... :...........=...'.r _ r................................. r r Manager's Permanent mailing address: Manager's home phone#:A,` - ,t i' Business phone#: ; + . '_.• Name of property owner:.,-; ASSESSOR'S MAP/PARCEL#: MAP PARCEL ' ....... List any flammable substance or hazardous waste used in business(specify): Applicants must contact the Building Commissioners office, (508) 862-4038, the Board of Health office, (508) 862-4644, and the appropriate Fire District office to schedule inspections. r Signature of applicant ................................................................................................................................................................................................................................................... For Town use only REAL ESTATE TAXES PAID IN FULL PAYMENT AGREEMENT IN EFFECT ON IS THIS USE PERMITTED WITHIN THIS ZONING DISTRICT? YES NOE] INSPECTORS APPROVAL -- Capacity set by Building Division_—___—___-_____-_—__.-_ Building/Z ping Date _Iz L U Board of Health;_— Date — Wire Date _ Plumbing Gas _—__—_ Date __ __ Fire District ___—______._____ Date -- Comments:_—_----.-------.------------.-=-__--__.__.—....____--------------.—__-_.----__-_—.__—___--__ White-Licensina Authonty Canary_Hoaith nivicinn a"n,li— G._ eommonwca ltb of A1a.5.qarbU'qett5 TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to KATHRYN A. CALLAHAN X Certifp that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. Construction Type: UNK Use Group(s): R1 The means of egress.are sufficient for the following number of persons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 26230 11/19/2002 11/19/20U 317 021001 The building official shall be notified within(10)days of any changes in the above information. Building Official 1 COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date /1 —0 Z (X) Fee Required$ 50.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: A) Name of Premises: U4AJdi2 Purpose for which premises is used: .Gc;;;D V 1610245 4*f4s_ iAJN License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit A enc Certificate to be Issued to: /e*rWZ*A/ A SS'd C,,A-)7--L /Nf. VJ64-1 Address: 0 Telephone: Owner of Record of Building: i- 4-,r r D GlA-,P� /Ate. Address: J4 D.. dx' Pz5-Ja 697�7*1 4- . &4 a2.L 3 0 Name of Present Holder of Certificate: Name of Agent,if SIGNATURE&PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable.to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# 6 z ` o EXPIRATION DATE: / 17 1020115b The CommconWeartb of Olazoarbu5ettss TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to KATHRYN A. CALLAHAN X Certifp that 1 have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R1 The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 LODGING ROOMS 12 LODGERS MAX Certificate Number: Date Certificate Issued: Date Certificate Expired: a Parcel 26230 11/19/2001 11/19/2002 3 7 021001 The building official shall be notified within(10)days of any changes in the above information. Buildi g Official r COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date //— /S—O/ (X) Fee Required$5 0. 0 0 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: ,36 G d A4 4 j J7 Name of Premises: 4X1,14&'ri A4 4-IV0A.; Purpose for which premises is used: 46w v- ,8 ,Qs-,4/e 004J T /Au N License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Agency Certificate to be Issued to: �4Ti�i�s N /� , Cam►Gl,.gJ e*L4444A.) d- ASS6rA1WW , /A.Jr, Address: D 94 Po. 6px 8S"6 , 4"J7A B 4&j A411 O 2&3O Telephone: SU V- 3 6 2--CPOV 4e Owner of Record of Building: 4=S.!'Q r1*r&_' /N C_ Address: /0•0. $OX PC G . ', ,WA.J J7*646r`j A,(* D2636 Name of Present Holder of Certificate: Name of Agent, if any: SIGNATUR OF PERSON TO WHOM CERTPFICATE 0 iSSUR'l)U_R AI L-HORiL.ED AGENT INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this.application with your check to: BUILDING COMMISSIONER, 367 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# D EXPIRATION DATE: /1 l / 9 1 a F Town of Barnstable Regulatory Services Thomas F Geller, Director Building Division Peter F. DiMatteo Building Commissioner Office: 508-862-4038 367 Main Street, Hyannis, MA 02601 Fax: 508-790-6230 October 15, 2001 DON ASHLEY MANOR A �� 3660 MAIN STREET ; BARNSTABLE MA 02630 Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Sixth Edition. Please complete the application and return to the Building Commissioner's Office with the required fee (amount as set on the top right-hand corner). The fee has been established by the State (Table 106), and amended by the Barnstable Town Council effective 08/06/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5.2 of the State Code Sincerely, Peter F. DiMatteo Building Commissioner Enclosure The Commonwealth of M assachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.S, this CERTIFICATE OF INSPECTION is issued to DONALD BAIN Certify that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. The means of egress are suff cient for the following number of persons: Use Group Construction Type Location Capacity RI 6 LODGING ROOMS 12 LODGERS MAX 26230 11/19/00 11/19/01 Certificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within (10)days of any changes in the above information Building Official a �:n •� COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date (X) Fee Required S 4 0. 0 0 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 1,06.5,I hereby apply for a Certificate of Inspection for the below-named/premises located at the following address: Street and Number. 21ld Name of Premises: Purpose for which premises is used: License(s)or Permit(s)required for the premises by other governmental agencies: r Permitt Agen.�.grt t Certificate to be Issued to: a' 0ZjL lda4a2 Address: ® J e Telephone: Owner of Record of Building: Address: Name of Present Holder of Certificate: /)Ooj� LK'-A- -- Name of Agent,if any: 4im a)2- ea.: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return dds application with your check to: BUILDING COMMISSIONER, 367 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application.form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# °z 3 EXPIRATION DATE: // 9 1";7J The Commonwealth of M aSSachuSettS TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to DONALD BAIN Certify that I have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: Use Group Construction Type Location Capacity R1 6 LODGING ROOMS 12 LODGERS MAX 26230 11/19/99 11/19/00 Certificate Number Date Certificate Issued: Date Certificate Expired: i The building official shall be notified within (10)days of any changes in the above information Building Official �x w COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date 0 (X) Fee Required$ 4 0. 0 0 (. ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,1 hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: D —. (3 Name of Premises: O &_Z"' Purpose for which premises is used: �6r (� mz_a4 License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Agency Certificate to be Issued to: &"u Address: -V [3c.v� Telephone: Owner of Record of Building: Yeti Address: IJCJ._rn-, Name of Present Holder of Certificate: P Name of Agent,if any: . 4 AV !' -' SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 367 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# °Z ��© EXPIRATION DATE: /1/1 9/OL-0 oFT„E Town of Barnstable Regulatory Services MANsTABM Thomas F.Geiler,Director NAM 'OTEDMA'�� Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 CERTIFICATE OF INSPECTION CAPACITY INSPECTION DBA 2 LOCATION tY�d 1 a r s 2� OWNER USE CAPACITY&FEE / z DATE OF INSPECTION I'vejP Z OR COMMENTS J990125a ' SABHePAHIS, � Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CERTIFICATE OF INSPECTION CAPACITY INSPECTION HOTEL,MOTEL, INN, LODGING HOUSE DBA LOCATION- USE ROOMS/FEE e RESTAURANTS OTHER MEETING ROOMS (50+ CAPACITY)? ROOM NAME CAPACITY INSPECTOR DATE OF INSPECTION J970806A The Com monWea ltb of l.a o0arbazetto TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to DONALD BAIN 31 Certifp that 1 have inspected the premises known as: ASHLEY MANOR located at 3660 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: Use Group Construction Type Location Capacity RI LODGING ROOMS 6 26230 11/19/98 11/19/99 Certificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within(10) days of any changes in the above information Building Official P1i 4 Toe Commontuea ltb of Alaogacbuottg; TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code,Section 108.5. this CERTIFICATE OF INSPECTION is issued to DONALD BAIN Qb QCtrfitV. that I have.inspected the premises brown as: ASHLEY MANOR llll located at 3660 MAIN STREET in the Village of BARNSTABLE ' County of Barnstable Commonwealth ofMassachuetts The means of egress are su,,(jicient for the following number of persons: Use Group Construction Type Location Capacity RI LODGING ROOMS 6 26230J \ 11/19/97 11/19/98 � O Certificate Number Date Certificate Issued: Date Certificate Expired: The building ofcial shall be notified within(10)days of any changes in the above information -` Building Official - N 517 ram / o THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) vA , 111 1 / �C(�/ L DATA r� fie ace 9,96 y' ❑ New Application � = TOWN OF BARNSTABLE ❑ Renewal `6 9. ❑ Transfer LICENSE APPLICATION ❑ Other.................... Date.... .:..... .t:.Print or type only (Please bear down hard) .. i ,- ...DB/A.' 1 p Name of Applicant.........,+.. ... `.:..Z..: ......n. �.:... ::.... { ice ... ..........................................fit Corp.Name if Different..........................:............................:.:..................................:...................FID#.............................................. Permanent Address of Applicant. ' r. f y: '�, . ` �'� .. .... ................................................ ` Local/Mailing Address... .. .u�.+. ...!..�?. # ..1.. .. '.; ? .....{. ... .:: '.�............................Place of Birth. "". ?� : .a .......f......._........ ..:........................ .... ...... ..:, �:�i 6:. .d L'' yn' F f..� J .... { .. �3 as t 7 ¢�r� .!•i'�'.�; f�F ' Propery caner . :. .. .. Business Location . j �. .-..... ..,.-•_�,:....r.. �-�. z.:.nu* _ rFta'.w., s.:r�. .. Type ofl;ieense ...�:.:........................................ ........: .:..::. :::....:Status:Annual............... Seasonal... Name of Manager < f Permanent Address .... r . 14 .. . .. ... rx..°. .. ...... ... °.... ....'.................... .. " . .... �.....................Local Mailing Address.... ............ `.................Place of Birth........:....a°................ ..........................:............................. 1 , l Telephone#of Applicant: Home(...� ...............) .........................................................:..Bus(...............)........ : .................. .. Tele hone#of Manager: Home �' .........................................` ` P. g (. ................... .)..........° ::(:.......... Bus(. ..... ) Assessors Ma # s f ........Parcel# s ...:. ... Zoning District..,.:.. Y: Any flammable substance or hazardous waste use in business s eci ( P fy).. ..::. ..::...... ........................................................................ .. t: NO BUSINESS MAY OPERATE WITHOUT A VALID LICENSE ON THE PREMISES f je A A(v.Id to .- 44,lela Applicants must contact•the Building Commissioner's Office, ,the Board of Health Office,GROW and the appropriate Fire District:Office to schedule inspections. 1 ! r � t Signature of Applicant...... ............... ....A:.........: :s ....................................................................................................................... ............................................................................................................................................................................................................... For Town use only IS. d,l ZONING DISTRICT x ,y* r ti 7Kif 1G' I.UIRGt�a ........... F ... ......... .. .... ......... ......... ............... ... ...................... ........ ....... ......... ........ ......... ........ ...... INSPECTORSAPP R VA ... ............................................................................................................................................................ Building/Zoning.... ... ...... . ..........Date.......1.!IAl.f.r.............Board of Health.....................................Date...................... Wire..................................Date.................Plumbing.............................Date... ..................Gas.............. '...: :.,...:::Date.:..:........ FireDist................................................Date........................................... TAX OFFICE USE ONLY TAXES PAID IN FULL PAYMENT AGREEMENT IN EFFECT ON • b TAX COLLECTOR White-Licensing Authority Green-Tax Office Canary-Health Department Gold-Building Commissioner Pink-Fire Department f COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date (X) Fee Required$ 4 0. 0 0 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number. 3-6 66 174/A) A Name of Premises: /fS///z— y Puroose for which premises is used: E 4 Q Licenses)or Permits)required for the premises by other governmental agencies: � License or Permit � � �- Aeencv Certificate to be Issued to: � J f'n Address: Telephone: V y K Owner of Record of Building: J41N lfitGL f� � Address: Name of Present Holder of Certificate: Name of Agent,if any: r SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 367 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# oZ 6 O EXPIRATION DATE: Df ����C ilEtt� TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 108.S, this CERTIFICATE OF INSPECTION is issued to DONALD BAIN �Ert[fp that I have inspected the premises known as: ASHLEY MANOR located at. 3660 MAIN STREET in the 0111age of BARNSTABLE County of Barnstable Commonwealth ofMassachuetts, The means of egress are suf cient for the following number of persons: Use Group Construction Type Location Capacity R1 LODGING ROOMS 6 26230 11/19/97 11/19/98 Certificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within (10)days of any changes in the above information Building Official �� S l� l�' -� . • The Town of Barnstable KAM• eu►srrar�. a Department of Health, Safety and Environmental Services 059. o,wx� Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CERTIFICATE OF INSPECTION CAPACITY INSPECTION HOTEL, MOTEL, INN, LODGING HOUSE DBA �7���� , �/�'�-2- LOCATION -J��/ USE r ROOMS/FEE 4RMSTAURANTS- .aTHER-MEETING-ROOMS (50+ CAPACITY)? ROOM-TAME CAPACITY r� INSPECTOR DATE OF INSPECTION /5� -7 J970806A LICENSE NO 06 NAME: Donald Bain DBA: Ashley Manor ROOM CAPACITY: MANAGER Donald Bain MAIL ADDRESS; LOC: 3660 Main Street 3660 Main Street Barnstable MA 02630 Barnstable MA 02630 KIND: Lodging House FID NO - MAP PARCEL 317/021-001 / OTHER LIC b RESTRICT: THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) I m L CIATA t '. �.: _ -. ... :�Eu..Y ...p a� (d'��,M 0.Y-. 3 �y�'A-i,y,����}}aaee�� h,•�pY�'�� 90 Y; [] New Application ✓ TOWN OF BARNSTABLE o Renewal a �.e»• .� Transfer Other.................... LICENSE APPLICATION Date .......... .......Print or type only (Please bear down hard), t Name of Applicant.....:....:....... .........�'A A� ....DB/A.............. 1. � � ................... - Corp.Name if Different................... . ... ... ...,......................................FID#.............................................. Permanent Address of Applicant... ......... .. '. ................................... ..................................................... Local/Mailing Address........ ..... =...K.......................................' ...�... '.................... ....... .. r .............................................. I Property Owner . �'':": .!:'. .... {s.. a:'. . .::...::.. Business Location �... A.. r Name of Manager........................... ,. . ........ ........... ......... ......... . ....... ......... ............ ..... . ......... ... . ...... ...... Permanent Address }! � ," ..................:..................................:.................................................................................................::...................... LocalMailing Address.......................................................................................................................................................................... Place of Birth ................................. .......... .................................. <. ................ Telephone#of Applicant: Home(. :..................)....................................f. ............ .Bus(...............)...... ................................. Telephone#of Manager: Home )............... .............Bus( ). 4 Assessor's Iola # s ... r� Parcel#(s).: , j...................Zoning District...... ¢ , Any flammable substance or hazardous waste use in business(specify) ` NO BUSINESS MAY OPERATE WITHOUT A VALID LICENSE ON THE PREMISES Applicants must contact the Building Commissioner's Office, 790-6227;the Board of Health Office, 790-6265 and the appropriate Fire:District Office to schedule inspections. Signature of Applicant...... .1:."`.: ....j:............................................................................................................................................... .................:.:..................:......................................................................................................................................................................... For Town use only IS THIS USE PERMITED WITHIN THIS ZONING DISTRICTS ... .. ...... ......... Comments:................................. .. `f INSPECTORSAPP AL...... ................... ........................... ................................ ................................................................ .. GG --yy : Building/Zoning...... . 1....................Date.. .......1q.. ..........Board of Health.....................................Date....................... Wire..................................Date.................Plumbing.............................Date.......................Gas.................................Date............. FireDist................................................Date......................................... TAX OFFICE USE ONLY TAXES PAID IN FULL PAYMENT AGREEMENT IN EFFECT ON TAX COLLECTOR White-Licensing Authority Green-Tax Office Canary-Health Department Gold-Building Commissioner Pink-Fire Department 3/7 01-�/ Ov/ COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date 9 I (X) Fee Required$ 4 0 . 0 0 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3 ta �I aA4,'L, - Name of Premises: 94 Purpose for which premises is used: License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Agency Certificate to be Issued to: Address: .7x 1 Telephone: (,S W 2 -0 Z - 0 4 0� Owner of Record of Building: Address: Name of Present Holder of Certificate: A_ Name of Agent, if any: r SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 367 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# EXPIRATION DATE: /* Zz TOWN CLERK TOWN OF BARNSTABLE `i RNST�!BLE. MASS. Zoning Board of Appeals '85 JUN 18 PM 3 38 Woodvi Z Ze W. Guy,. Tr. of Guy Nominee Tr. Deed duly recorded in the Property Owner County Registry of Deeds in Book Same Page Registry Petitioner District of the Land Court Certificate No. Book .. Page Appeal No. 1985-47.__ _ _ _ _ �_— _ r.� 19 FACTS and DECISION Petitioner _WoodviZZewW, Gu,�t , Tr,.,,, of Gut,�.,.Yj2mjn ed petition on.Me1y 21' _. 1985 , Trust fr. .... ,. .,,._ 1 3 .60s*R1a r� 5tre"et;� requesting avariance-permit for premises at ._ in the village (Street) �f - 'barrestable s;` _.t� adjoining premises of (see attached list) Locus under consideration: Barnstable Assessor's Map no. 31 __ lot no. 21-00.1 Petition for Special Permit: {� Application for Variance: ❑ made under Sec. I, A.�, 10 of the Town of Barnstable Zoning by-laws and Sec. _ Chapter 40A., Mass. Gen. Laws for the purpose of* .,,...to allot, use of the premises for renting rooms to twe Zye Zodcers Locus is .presently zoned in RF-2 Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Torn Office Building, Hyannis, glass., at ��45 _ X��i p M Mafia 30L 19 85 , upon said petition under zoning, by-laws. Present at the hearing were the following members: Richard L. Bob Luke P LaZ_Zu ,M Gai'Z Niahtira.Ze Chairman Ronald Jansson Dexter Bliss At the conclusion of the hearing, the Board took said petition under advisement. A view of the ,cus was made by the Board. Appeal No. 1985-47 Page _ _ of 1 June 17, 85 On _ 19 _ _, The Board of Appeals round Attorney Douglas Murpny represented the petitioner who is requesting a special permit to allow twelve lodgers with a family member on the premises at 3660 Main St. Barnstable in an RF-2 zoning district. The site contains two structures plus a gazebo on a parcel of about 1.1 acres. The premises has always been a one-famiZy residence and is not non-conforming - has never had a commercial use. The total number of twelve rooms is comprised of both structures. Luke LaZZy made a motion that the petitioner presented no evidence at the hearing to warrant the relief that he is requesting - seconded by Ron Jansson. The Board voted u=nimously to deny the application for twelve lodgers at 3660 Main St., Barnstable. A 1 f { k j, �a.L.�.�-.,_,,,—,__„ � oQ„ /�_ 5191 T•Cieik of the T�o«•u of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty f 20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this l� ... dad of _._ _.__. 4�cr�,t......__.___....__ _ 19 8' under the pains and penalties of perjury. �� Distribution:— PropertyOwner ............_..__...._ _ _ __._. ........_......................._........... Rk Town Clerk Board of Appeals Applicant Town of le Persons interested Building Inspector Public Information By _ _ _r �. _.... Board of Appeals Chairman r E i r �►XE fq,_ BARNBfA M MAR& i679' � rED MAy� Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1998-62 -B -Donald J. Bain (Ashley Manor) Variance to Section 3-1.1(3)(F), Subsections (b) and (h) Summary: -r--Granted-to$ubsectio_n,b-with--Conditions) Applicant: Donald J. Bain(Ashley Manor) Property Address: 3660 Main Street, Barnstable Assessor's Map/Parcel: Map 317, Parcel 021.001 Area: 1.86 acres Building Area: 5,186 sq.ft. Zoning: RF-2 Residential F-2 Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of approximately 1.86 acres and is located on Main Street (Route 6A) in Barnstable Village. It is improved with a 4,350 sq. ft. two-story wood frame house, a 616 sq.ft. accessory structure of a cottage and a 220 sq. ft. shed. According to assessor's records, the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private septic system. The property is located in an RF-2 Residential F-2 Zoning District, which only allows single-family dwellings as principal permitted uses. The renting of rooms for not more than three (3) non-family members is allowed as an accessory use. Currently, the applicant is operating a six(6)room Bed & Breakfast for up to 12 lodgers known as"Ashley Manor"on this site. The applicant is proposing to add two (2)guest bedrooms and two (2)bathrooms by constructing a second story(1,254 sq.ft. in area)on the same footprint of the existing house. Zoning relief is being requested in a number of ways to legitimize the current use of the property and to permit an additional (2) guest rooms to be rented to a total of not more than 16 guests. Relief Requested: The applicant applied for several forms of relief to legalize the existing use of the property as a 6 bedroom Bed & Breakfast and to expand that use with an additional 2 guest rooms. The relief being requested as follows: Appeal No. 1998-61 -A: Special Permit Pursuant to Section 4-4.5(2)- Expansion of a Pre-existing Nonconforming Use Appeal No. 1998-61 - B: Special Permit Pursuant to Section 3-1.1(3)(F)- Bed & Breakfast Conditional Use - Appeal No. 1998-62-A Use Variance to Section 3-1.1(1)(A)- Principal Permitted Uses Appeal No. 1998-62 -B Variance to Section 3-1.1(3)(F), Subsections (b) -Maximum number of guest rooms and lodgers and (h) -Issued only to the owner and is not transferable. History of Site: On February 1, 1985, the previous owner of the property,Woodville W. Guy, applied for a special permit(Appeal No 1985-47)to allow the renting of rooms for up to twelve (12) lodgers. The 1985 Zoning By-law allowed as-of- Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) right single-family dwellings and the renting of rooms for not more than 6 lodgers by a family resident in the dwelling. That appeal was denied. The Board found that the premises had always been a one-family residence, was not nonconforming, and had never been a commercial use. They found that no evidence was presented at the hearing to warrant the requested relief. The current owner, Donald J. Bain, has owned the property since 1986. He reports that he has operated a six (6)guest room Bed & Breakfast since 1986, and has submitted copies of a Lodging House License for each year from December 1985 to December 1997. The applicant has also submitted copies of a Permit to Operate a Food Establishment for each year from 1988 to 1998. However, no special permit or variance was ever approved by the Zoning Board of Appeals to allow this use. In November of 1987, the number of lodgers permitted as an accessory use to single-family dwellings was reduced from six(6)to three (3) in RF-2 Districts (ATM 11/7/87,Art. 12). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 18, 1998. A 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 29, 1998, and continued to June 3, 1998,August 12, 1998, and November 4, 1998 at which time the Board granted a Variance with conditions to Section 3-1.1(3)(F), Subsections (b)only- Maximum number of guest rooms and lodgers. Hearing Summary: Board Members hearing and deciding this appeal were Ron Jansson, Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn.. Attorney Peter Freeman represented the applicant, Donald Bain,who was also present. At the opening of the public hearing of April 29, 1998 Attorney Freeman reported to the Board that some abutters have written in opposition and Mr. Bain would like a continuance to allow him time to talk with the neighbors about their concerns. The Board agreed to continue these appeals to June 03, 1998. At the June 3, 1998 continuance a letter from Attorney Freeman, dated June 02, 1998 was read. That letter, requested a continuance of the Bain appeals. Attorney Freeman reported the applicant is still in the process of obtaining Old King's Highway Historic District Committee's approval. He went before them on May 27, 1998 and his application was continued until June 10, 1998. The Board continued the appeals to August 12, 1998. At the August 12, 1998 continuance, a letter from Attorney Freeman, dated July 28, 1998, requesting a continuance was submitted to the Board. Mr. Freeman was present and addressed the Board. He reported the applicant is still in the process of trying to get approval from the Old King's Highway Historic District Committee and would like a continuance. The Board granted a continuance to November 04, 1998. At the November 04, 1998 continuance, the Board after hearing the Special Permit issue of Appeal NO. 1998- 61, then addressed the Variance request of Appeal No. 1998-62 Attorney Freeman reported the applicant, Mr. Bain,would like to modify his request. He no longer seeks to add two (2)guest bedrooms, and as such,would reduce the request from eight(8)guest bedrooms to six(6)guest bedrooms. The proposal received Site Plan Review approval and was found to have adequate parking. There are no concerns with regard to the Septic System which complies with all Title V Regulations for at least six(6) guest bedrooms for up to twelve (12)lodgers As to Variance conditions, pursuant to MGL Chapter 40A Section 10, Attorney Freeman stated Ashley Manor, dating back to at least 1720, is one of the oldest houses in Barnstable and is on the National Register of Historic Places. The house is located right on Route 6A. The interior finish work is of high quality and worthy of preservation. The landscaping includes old trees, a classic garden, a gazebo and a fountain. The structure itself, and the grounds, are unique conditions effecting the land or structure by not effecting the zoning district. A Proforma was submitted to the file which shows a substantial financial hardship would be involved if the 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 34.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) applicant were limited to the renting of only three (3)guest bedrooms. The Proforma shows that at least six(6) bedrooms are needed to be profitable and a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner. Attorney Freeman stated the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating.from the intent or purpose of the Zoning Ordinance. The Board asked Attorney Freeman about the applicant's variance request to subsection (h)of Section 3- 1.1(3)(F)which states the Special Permit,is not transferable to subsequent owners. Attorney Freeman stated they would withdraw that request if the necessary because at this time Mr. Bain has not plans to sell the property. . Mr. Bain addressed the Board and reiterated there would be a substantial financial hardship if he were limited to only three guest bedrooms. He stated the Bed and Breakfast would not be intrusive in this residential area. He feels there is no correlation between the number of bedrooms and the neighborhood because this is only a seasonal business and rooms are not always booked to capacity. His busiest month is August and the occupancy rate is about 80%. A Bed and Breakfast does not negatively affect the value of the neighborhood. Mr. Bain stated the cottage is very important to his Bed and Breakfast operation. If the operation were limited to only three bedrooms, he would use two bedrooms in the main house and use the cottage as the third bedroom because the cottage contributes an income of approximately$25,000 per year. The cottage is close to the property line of the abutter, however there is no structure near the cottage. For clarification, there are five guest bedrooms and two owner's bedrooms in the main house. The cottage is a large studio room (including a couch and bed)with one bathroom. It does not have a separate kitchen -no stove -just a small refrigerator. This makes a total of eight bedrooms on site-seven in the main house and one in the cottage. The cottage was used as a rental unit by the previous owner and Mr. Bain has always rented it since his purchase of the property. Public Comments: Edward Handy, an abutter, spoke in opposition citing that he not feel the applicant proved variance conditions and that to grant the relief would be a detriment to the neighborhood. Vicki Marchant, an abutter spoke earlier in favor of the appeal and had asked to go on record as favoring the grant of the appeal. Previously submitted to the file are letters of support from Mrs. Martin, Ralph Gillis,Anthony Stanford and Lynne Poyant, Hyannis Area Chamber of Commerce, letters in opposition was Edward Handy, and Ralph and Tylee Stoesser, and a petition in opposition signed by six people. Concerning the letter from Clyde and Eleanor Claus, Attorney Freeman claimed that Mr. Claus told him he is no longer in opposition because at the time he wrote that letter he did not understand the applicant's proposal. Attorney Freeman reminded the Board that Mr. Bain has continuously received a Lodging House License from the Town and a Permit to Operate a Food Establishment. The use of the property as a Bed and Breakfast is not legal under the Zoning Ordinance, however, Mr. Bain did not know that and it is for that reason he is before the Board tonight. During the entire time the Ashley Manor has been in operation, there has never been a complaint. There have been supporters. Attorney Freeman indicated the relief may be granted without substantial detriment to the public good or neighborhood affected as this is a large site over 02 acres (1.86 acres). Mr. Bain told the Board the Ashley Manor is his sole asset and only means of income. Findings of Fact: At the Hearing of November 04, 1998, the Board found the following findings of fact as related to Appeal No. 1998-62-B, with reference to the Variance to Section 3-1.1(3)(F)subsections (b)and (h): 1. The applicant is Donald J. Bain d/b/a Ashley Manor. The property address is 3660 Main Street, Barnstable, MA as shown on Assessor's Map 317, Parcel 021.001. The property in issue is located in the RF-2 Residential F-2 Zoning District and an AP-Aquifer Protection Overlay District and consists of approximately 1.86 acres. 3 'town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) 2. The site is occupied by at least two structures; a larger home and a cottage, totaling 5,186 square feet. The main building consists of seven bedrooms-five for guests in the Bed and Breakfast operation and two for the owner's use. The garage was built around 1935 and in the 1970s or 1980s was converted from a garage use to a seasonal cottage use for lodging. 3. The main house was built over 250 years ago and is listed in the National Register of Historic Places. This main house has several features related to it in that it is a rather large house on a fairly large lot having been built long before zoning as a house with many bedrooms. 4. The property has received a Certificate of Appropriateness from the Town of Barnstable Old King's Highway Historic District Committee. 5. The site plan for the property was found approvable by the Site Plan Review Committee. 6. The purpose and intent of the Zoning Ordinance with reference to a Bed and Breakfast, is to allow for Bed and Breakfast operations in larger older homes to provide an adaptive reuse for these structures and in so doing encourage the maintenance and enhancement of older buildings which are part of the community character. The intent is to also make sure the use will create low intensity accommodations for tourists and visitors. 7. Allowing the Petitioner to vary Subsection (b)of Section 3-1.1(3)(F)of the Zoning Ordinance would not be in derogation of the Zoning Ordinance. Under MGL Chapter 40A Section 10, there are conditions unique to this property, in particular the structure, given the large size of the structure and given the number of rooms that have existed and the fact that the subject itself is so large that it requires annual maintenance. The structure is unlike many structures in the area because it is a historic structure and it is so large. The structure is part of the overall topography of this particular area given the fact that the structure contains the number of bedrooms that it does contain. 8. The relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance since it is the intent of the Zoning Ordinance to preserve older houses. 9. The petitioner has indicated that the renting of six(6)rooms is absolutely necessary for purposes of maintaining the building and it would be in compliance with the spirit and intent of the Zoning Ordinance to provide for lodging in historic houses and allow for these historic house to be maintained. The petitioner has provided a Proforma (as part of his application)which definitely shows the cash flow- in and out-for six(6) guest rooms. Based upon six(6)guest rooms, the total projected income is $129,000 with total projected expenses of$106,000 for a proposed profit margin of$23,051. That is hardly sufficient sums of money to maintain what is currently on site. 10. It would be a significant hardship to the Petitioner if he were not able to maintain not more six(6) rooms for rent to not more than twelve (12) lodgers. 11. This would be a low intensity accommodation given the seasonal nature of the tourist business as well as the fact that this property consists of almost two(2)aces of land. This equates to almost two acres of land for fourteen (14)people which is not an intense use of the land. 12. To grant relief to subsection (h)of Section 3-1.1(3)(F)to allow for the transfer of the Special Permit would be in derogation of the spirit and intent of the Zoning Ordinance. To allow for the sale or transfer of a Bed and Breakfast Operation not knowing who will be running it, runs the risk of having an unsuitable situation and could result in an adverse affect on the residential neighborhood affected. The Vote was as follows: AYE: Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: Gail Nightingale Ms. Nightingale expressed concern that the Variance conditions as cited apply to main house and not the cottage. 4 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) Decision: Based upon the findings a motion was duly made and seconded to grant the Applicant the relief requested for the Variance to Section 3-1.1(3)(F)subsection (b)only,subject to the following terms and conditions: 1. Any such variance granted, to the portion of the Special Permit discussed and granted,`should_-not-_bete construed-tobe-a-variance_that runs-with-the-land_:and-therefore-iis-transferable. This Variance is conditioned upon the fact that it is not transferable. 2. �ln` addition--to-the_two---(2):bedrooms:in-hopsq:used-by-the-owners,not-more-than-six-(6)-additional-bedrooms can-be,utilized-(f rr-the:Bed-and�Breakfast--Op_eration)_ a th site--whichever way they can be utilized - without the necessity for additional construction. If, in fact, the applicant is able to provide for the additional bedroom in the main house, he may do so, but there-sshha_ll not-not time.be--more-than-six(6)-bedrooms, used-for lodging-to-notTmore--than-;twelve--(12)Tlodgers� 3. The owner shall be responsible for the operation of the property and shall be a resident of the property at all times when the Bed & Breakfast.is in operation. 4. The owner of the property shall file an affidavit letter with the Building Commissioner on an annual basis in the month of January stating that the property is his principal residence and that he is in residence at all times that the Bed and Breakfast is being operated in not more than six room to not more than twelve (12) lodgers at any one time. 5. Breakfast only may be served to guests, but in no instances shall cooking facilities be allowed in any room being rented. Cooking facilities include, but are not limited to stoves, microwave ovens, toaster ovens, and hot plates. This includes the accessory cottage structure. 6. The property shall be maintained so that the appearance of the building and grounds remain that of a single- family residence. 7. The parking area shall be screened by mature plantings which shall be placed so as to secure the privacy of the adjoining lots. 8. The total number of bedrooms, nor the size of the bedrooms, in either the dwelling or the cottage shall not be increased or expanded. 9. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent properties. 10. No noise level beyond the level cited in the Town Ordinance shall be allowed to penetrate the area. 11. Signage shall not be interior illuminated and shall not exceed four sq.ft. in area. Signage must receive Old King's Highway Historic District Committee approval. 12. The locus shall comply with all Town of Barnstable Building and Health Divisions regulations and requirements, as well as any Licensing and Fire Department Requirements. 13. An alarm system shall be installed on the premises to the satisfaction of the Barnstable Fire Department and shall be wired directly to the fire dispatch center, or to any other dispatcher to be determined by the Barnstable Fire Department(as requested in the January 05 1998, letter from Barnstable Fire Department, Glenn B. Coffin, Captain). Discussion: There wa's a discussion among the Board Members about whether the cottage should be included in the bedroom count since it is not a historic structure and there are no variance conditions related to the cottage. It was noted the Bed and Breakfast Special Permit limits the operation to be located within an older, existing owner-occupied single family residential dwelling- not an accessory cottage. Additional/Modified Condition for Condition#2 (above): 2. The�renting,of up_to_six_(6)zbedr_ooms-for a—Bediand=Breakfast-Use,-is-.allo_wed-in_theTmain-houseTonl-y, ,-without new-eonstr_uction=The-cottage-may-not beused-as--part-of-the--B-ed--and::BreakfastiO.peration--forte rental_to-lodger-s_or used-as-a separateTbedroom--for IodgingLLpurposes� The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None 5 C Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) Order: Variance Number 1998-62 -B,the request for a Bed and Breakfast,::for-up to=twelve(12)-lodgers-in s�ix(6)� bedroomsLLin the=main dwelling_only;has-b__een Granted-with-Conditions. Relief to subsection (h)was not granted. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year., Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. , 1998 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20)days have elapsed si-ice the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 6 I� MARE. f67A ,0� FD MA'S' Town of Barnstable Zoning Board of Appeals Notice -Withdrawn Without Prejudice j Appeal No. 1998-62 -A-Donald J. Bain (Ashley Manor) Use Variance -Section 3-1.1(1)(A) -Principal Permitted Uses Summary: Withdrawn Without Prejudice Applicant: Donald J. Bain (Ashley Manor) Property Address: 3660 Main Street, Barnstable Assessor's Map/Parcel: Map 317, Parcel 021.001 Area: 1.86 acres Building Area: 5,186 sq.ft. Zoning: RF-2 Residential F-2 Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of approximately 1.86 acres and is located on Main Street (Route 6A) in Barnstable Village. It is improved with a 4,350 sq. ft.two-story wood frame house, a 616 sq.ft. accessory structure of a cottage and a 220 sq. ft. shed. According to assessor's records, the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private septic system. The property is located in an RF-2 Residential F-2 Zoning District,which only allows single-family dwellings as principal permitted uses. The renting of rooms for not more than three(3) non-family members is allowed as an accessory use. Currently, the applicant is operating a six(6)room Bed & Breakfast for up to 12 lodgers known as"Ashley Manor"on this site. The applicant is proposing to add two (2)guest bedrooms and two (2)bathrooms by constructing a second story (1,254 sq. ft. in area)on the same footprint of the existing house. Zoning relief is being requested in a number of ways to legitimize the current use of the property and to permit an additional (2) guest rooms to be rented to a total of not more than 16 guests. Relief Requested: The applicant applied for several forms of relief to legalize the existing use of the property as a 6 bedroom Bed & Breakfast and to expand that use with an additional 2 guest rooms. The relief being requested as follows: Appeal No. 1998-61 -A: Special Permit Pursuant to Section 4-4.5(2)- Expansion of a Pre-existing Nonconforming Use Appeal No. 1998-61 - B: Special Permit Pursuant to Section 3-1.1(3)(F)- Bed & Breakfast Conditional Use Appeal No. 1998-62 -A Use Variance to Section 3-1.1(1)(A) -Principal Permitted Uses Appeal No. 1998-62 - B Variance to Section 3-1.1(3)(F), Subsections (b)- Maximum number of guest rooms and lodgers and (h)- Issued only to the owner.and is not transferable. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 18, 1998. A 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all i Town of Barnstable-Zoning Board of Appeals-Notice-Withdrawn Without Prejudice Appeal No. 1998-62-A-Donald J.Bain(Ashley Manor) Use Variance-Section 3-1.1(1)(A)-Principal Permitted Uses abutters in accordance with MGL Chapter 40A. The hearing was opened April 29, 1998, and continued to June 3, 1998,August 12, 1998, and November 4, 1998 at which time the applicant requested and the Board permitted the appeal for a Use Variance to be withdrawn without prejudice. Hearing Summary: Board Members hearing and deciding this appeal were Ron Jansson, Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn.. Attorney Peter Freeman represented the applicant, Donald Bain,who was also present. At the opening of the public hearing of April 29, 1998,Attorney Freeman reported to the Board that some abutters have written in opposition and Mr. Bain would like a continuance to allow him time to talk with the neighbors about their concerns, The Board agreed to continue these appeals to June 03, 1998. At the June 3, 1998 continuance a letter from Attorney Freeman, dated June 02, 1998 was read. That letter, requested a continuance of the'Bain appeals. Attorney Freeman reported the applicant is still in the process of obtaining Old King's Highway Historic District Committee's approval. He went before them on May 27, 1998 and his application was continued until June 10, 1998. The Board continued the appeals to August 12, 1998. At the August 12, 1998 continuance, a letter from Attorney Freeman, dated July 28, 1998, requesting a continuance was submitted to the Board. Mr. Freeman was present and addressed the Board. He reported the applicant is still in the process of trying to get approval from the Old King's Highway Historic District Committee and would like a continuance. The Board granted a continuance to November 04, 1998. At the November 04, 1998 continuance, the Board, after hearing the Special Permit issue of Appeal No. 1998- 61, then addressed the Variance request of Appeal No. 1998-62 Attorney Freeman reported the applicant, Mr. Bain,would like to withdraw his request for a Use Variance Decision: At the request of the applicant, a motion was duly made and seconded to permit the Applicant to withdraw without prejudice Appeal No. 1998-62-A, the request for a Use Variance to Section 3-1.1(1)(A) The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None Order: The request for a Use Variance in Appeal Number 1998-62 has been Withdrawn Without Prejudice. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decisioh. A copy of which must be filed in the office of the Town Clerk. , 1998 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 2 i IKE BARNMBLB. MA86 p 1679. `00 FDMAr� Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No.+998 61;�B -Donald J. Bain (Ashley Manor) Special Permit-Section 3-1.1(3)(F) - Bed & Breakfast Summary: 4Grantedd Applicant: Donald J. Bain (Ashley Manor) Property Address: 3660 Main Street, Barnstable Assessor's Map/Parcel: Map 317, Parcel 021.001 Area: 1.86 acres Building Area: 5,186 sq.ft. Zoning: RF-2 Residential F-2 Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of approximately 1.86 acres and is located on Main Street (Route 6A) in Barnstable Village. It is improved with a 4,350 sq.ft. two-story wood frame house, a 616 sq.ft. accessory structure of a cottage and a 220 sq. ft. shed. According to assessor's records, the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private septic system. The property is located in an RF-2 Residential F-2 Zoning District,which only allows single-family dwellings as principal permitted uses. The renting of rooms for not more than three(3) non-family members is allowed as an accessory use. Currently, the applicant is operating a six(6)room Bed & Breakfast for up to 12 lodgers known as"Ashley Manor"on this site. The applicant is proposing to add two (2)guest bedrooms and two (2)bathrooms by constructing a second story(1,254 sq.ft. in area)on the same footprint of the existing house. Zoning relief is being requested in a number of ways to Iegitimize-the-current-use_of-the-property and-to-permit�an-additional_(2 guest,rooms-t"e_,r_ented-to_,a_total of notTmor�tha 16-guests Relief Requested: The applicant applied for several forms of relief to=legalize-the-existing-use e-of theTpry rty as a 6`bedroorn Bed & Breakfast-and-to-_expa,nd-that-useiwith--an__ additional 2-gu`est-roorns�The relief being requested as follows: Appeal No. 1998-61 -A: Special Permit Pursuant to Section 4-4.5(2)- Expansion of a Pre-existing Nonconforming Use Appeal No. 1998-61 -B: Special Permit Pursuant to Section 3-1.1(3)(F) -Bed &Breakfast Conditional Use Appeal No. 1998-62-A Use Variance to Section 3-1.1(1)(A)- Principal Permitted Uses Appeal No. 1998-62- B Variance to Section 3-1.1(3)(F), Subsections (b)- Maximum number of guest rooms and lodgers and (h)- Issued only to the owner and is not transferable. History of Site: On February 1, 1985,the previous owner of the property,Woodville W. Guy, applied for a special permit(Appeal No 1985-47)to allow the renting of rooms for up to twelve (12) lodgers. The 1985 Zoning By-law allowed as-of- right single-family dwellings and the renting of rooms for not more than 6 lodgers by a family resident in the dwelling. That appeal was denied. The Board found that the premises had always been a one-family residence, Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-61 -B-Donald J.Bain(Ashley Manor) Special Permit-Section 3-1.1(3)(F)-Bed&Breakfast was not nonconforming, and had never been a commercial use. They found that no evidence was presented at the hearing to warrant the requested relief. The current owner,Donald_J._Bain,-hasrowned-the-property--since 1.986-He-reports-that_he,has_oper-ated_ars (6).guest room Bed-&TBreakfast since�1.986;and has sabmitted=copies=of a Lodging=House License-for-each year from-December-198.5-to-December-1997:T-he applicant has also submitted copies of a Permit to Operate a flood Establishment for each year from 1988 to 1998. However, no special permit or variance was ever approved by the Zoning Board of Appeals to allow this use. In November of 1987, the number of lodgers permitted as an accessory use to single-family dwellings was reduced from six (6)to three (3) in RF-2 Districts (ATM 11/7/87,Art. 12). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 18, 1998. A 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter.40A. The hearing was opened April 29, 1998, and continued to June 3, 1998,August 12, 1998, and November 4, 1998.at which time the Board granted a Bed and Breakfast special permit. Hearing Summary: Board Members hearing and deciding this appeal were Ron Jansson, Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn.. Attorney Peter Freeman represented the applicant, Donald Bain, who was also present. At the opening of the public hearing of April 29, 1998,Attorney Freeman reported to the Board that some abutters have written in opposition and Mr. Bain would like a continuance to allow him time to talk with the neighbors about their concerns. The Board agreed to continue these appeals to June 03, 1998. At the June 3, 1998 continuance a letter from Attorney Freeman, dated June 02, 1998 was read. That letter, requested a continuance of the Bain appeals. Attorney Freeman reported the applicant is still in the process of obtaining Old King's Highway Historic District Committee's approval. He went before them on May 27, 1998 and his application was.continued until June 10, 1998. The Board continued the appeals to August 12, 1998. At the August 12, 1998 continuance, a letter from Attorney Freeman, dated July 28, 1998, requesting a continuance was submitted to the Board. Mr. Freeman was present and addressed the Board. He reported the applicant is still in the process of trying to get approval from the Old King's Highway Historic District Committee and would like a continuance. The Board granted a continuance to November 04, 1998. At the November 04, 1998 continuance, the Board first heard the Special Permit issues;Appeal No. 1998-61 -A, Special Permit Section 4-4.5(2)- Expansion of a Pre-existing Nonconforming Use, and Appeal No. 1998-61 - B, Special Permit Section 3-1.1(3)(F)- Bed & Breakfast Conditional Use Attorney Freeman reported the subject property, known as Ashley Manor, was purchased by Mr. Bain in 1986. Since 1986, Ashley Manor has been duly licensed as a Lodging House for up to six guests. The applicant is seeking to legalize the existing use of the property as a six bedroom/twelve guest Bed & Breakfast. He is also seeking to use an additional two rooms as guest bedrooms for a total of eight guest bedrooms and sixteen guests. Attorney Freeman reported.that Ashley Manor had been licensed by the Board of Selectman since 1986 with no limitations on the number of lodgers identified within those licenses. In 1986, zoning allowed up to six lodgers as a matter-of-right. Since that time, Mr. Bain has continually operated the house with at least six lodgers. The house has six guest bedrooms and two bedrooms for the owner. The site has a new Title V Septic System as reported by Down Cape Engineering. In a letter dated April 23, 1998 to Donald Bain,Arne J. Ojala writes"I have determined the design flow capacity of the Title 5 system serving the main house ... is adequate to serve in excess of the proposed 10 bedroom total. The flow capacity of the Title 5 system serving the cottage is .... adequate to service in excess of the single bedroom therein.". 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-61 -B-Donald J.Bain(Ashley Manor) Special Permit-Section 3-1.1(3)(F)-Bed&Breakfast Attorney Freeman reviewed the site and the proposed floor plan of the new addition. Citing that original proposal was approved by Site Plan Review Committee on February 19, 1998. It was for two guest rooms to be added to the second floor within the existing footprint of the building. That proposal was denied by the Town of Barnstable Old King's Highway Historic District Committee (OKH). The applicant changed the proposal to now include the construction of a 840 sq.ft., two-story addition to the rear of the inn. This new proposal was approved by OKH on October 14, 1998, and the modified site plan was found,approvable by the Site Plan Review Committee on October 22, 1998. The Board, the Applicant, and Attorney Freeman discussed the difference(s) between an Inn and a Bed and Breakfast. Some felt an Inn is more commercial in nature and that a Bed and Breakfast use of a residential dwelling was an accessory use to the principal permitted single family dwelling use. It was also noted that a Bed and Breakfast serves breakfast only and is owner-occupied. Mr. Bain indicated Ashley Manor Inn is a misnomer because in his opinion this is not an"inn" in any commercial sense but rather"his home"where people come and visit and sleep and he also serves them breakfast. His home does not create the appearance of a commercial use but looks more like an estate type home. Mr. Bain reminded the Board that he has been operating this dwelling as the Ashley Manor(without complaints from neighbors)since 1986. The Board and Attorney Freeman discussed the requested relief. The applicant is seeking a Special Permit for three bedrooms under the Bed and Breakfast section of the Zoning Ordinance and then a Variance to allow an increase in the number of permitted bedrooms from three to six(or preferable eight) bedrooms. Or if the Board is satisfied the applicant has a pre-existing nonconforming use for six lodgers, then the applicant is seeking to expand that use to allow up to twelve (or preferable sixteen) lodgers. Or a Use Variance to the principle permitted use by allowing a sixteen (or eighteen)person Bed and Breakfast. Currently, the applicant has no relief under zoning for the main house or cottage. The Board and Attorney Freeman discussed the requested relief. Attorney Freeman noted the applicant is seeking a Special Permit for three bedrooms under the Bed and Breakfast section of the Zoning Ordinance and then a Variance(in Appeal No. 1998-62)to allow an increase in the number of permitted bedrooms from three to six (or preferable eight)bedrooms.. Currently, the applicant has no relief under zoning for the main house or cottage. The Board noted for the record, that on site there currently is a main house with five guest bedrooms and two owner bedrooms, and a cottage with one bedroom for a total of eight bedrooms on site. There are no permits to show when the cottage was legally permitted to be used as a rental unit. There are no kitchen facilities in the cottage. They are currently using six bedrooms for lodging -five in the main house and one in the cottage. Public Comments: Edward Handy, an abutter, spoke in opposition citing that he does not think there is a legal pre-existing nonconforming use and that it can not be expanded. He feels to change from six people to sixteen lodgers is a detriment to the area and an over intensification to the neighborhood. Vicki Marchant, an abutter spoke in favor, citing that this Bed and Breakfast is kept up nicely and quite beautiful and she does not consider this a detriment in any way. No one else spoke in favor or in opposition to this appeal. Previously submitted to the file are letters of support from Mrs. Martin, Ralph Gillis, Anthony Stanford and Lynne Poyant, Hyannis Area Chamber of Commerce, letters in opposition was Edward Handy, and Ralph and Tylee Stoesser, and a petition in opposition signed by six people. Concerning the letter from Clyde and Eleanor Claus, Attorney Freeman claimed that Mr. Claus told him he is no longer in opposition because at the time he wrote that letter he did not understand the applicant's proposal. 3 r Town of Barnstable-Zoning Board of Appeals-Decision and Notice - Appeal No. 1998-61 -B-Donald J.Bain(Ashley Manor) Special Permit-Section 3-1.1(3)(F)-Bed&Breakfast Findings of Fact: At the Hearing of November 04, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-61 B.in reference to the Special Permit pursuant to Section.3-1.1(3)(F)- Bed & Breakfast 1. The applicant is Donald J. Bain d/b/a Ashley Manor. The property address is 3660 Main Street, Barnstable, MA as shown on Assessor's Map 317, Parcel 021.001. The property in issue is located in the RF-2- Residential F-2 Zoning District, and consists of approximately 1.86 acres. It is occupied by at least two structures; a larger older historic home and a cottage totaling 5,186 square feet. The property is located in an AP-Aquifer Protection Overlay District 2. The property has historically been used for the renting of rooms to lodgers. 3. The property has received a Certificate of Appropriateness from the Town of Barnstable Old King's Highway Historic District Committee. 4. The site plan for the property was found approvable by the Site Plan Review Committee. 5. The septic system on site complies with the provisions of Title V as reported by Down Cape Engineering as reported in a letter dated April 23, 1998. 6. Under the Town of Barnstable Zoning Ordinance a Bed and Breakfast for three (3) bedrooms and up to six (6)lodgers is allowed with a Special Permit pursuant to Section 3-1.1(3)(F). 7. Allowing the Petitioner to operate a Bed and Breakfast, on this site consisting of 1.86 acres,for up to six lodgers in up to three bedrooms (in addition to the owner's living quarters)would not be in derogation of the spirit or the intent of the Zoning Ordinance nor would it be a substantial detriment to the public good or the neighborhood affected. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None Decision: Based on the findings of fact in Appeal Number 1998-61, a motion was duly made and seconded to grant the Petitioner the relief requested pursuant to Section 3-1.1(3)(F):fora:Bed--and--Breakfast--for--up--to--six-(6)--bedrooms ,and for-not,more-than-three-(3)aodgers_--within-an,existing�owner=occupl`ed7single-family--residential-dwelling;with lowing--terms and conditions: 1 With the-excep-tion of-the,-add tional--b-edr-o-oms--sought inLth ss--application;the-property-shall-be-developed-asz arthreeLL(3)`bedro mo s Bed--and=Br-eakfast=for not more=tha_n six(6)Tlodgers-and shallTcomply with-all-other aspects in accordance with the submitted Site Plan of Ashley Manor prepared by"Down Cape Engineering, inc."dated 2/12/98 and revised 9/22/98. 2. T-heruse-ofJhe-pr_opertyis-Iimited-to-a-single-family-dwelling-containing_within-a-three- 3)Tbedroom-Bed-ands ,Breakfast=facilityfor not--mor_ethan--six-(6)lodgers 3. ' The owner shall be responsible for the operation of the property and shall be a permanent resident when the Bed & Breakfast is in operation. 4. The owner of the property shall file an affidavit letter with the Building Commissioner on an annual basis in the month of January stating that the property is his/her,principal residence and that he/she is in residence at all times that the Bed and Breakfast is being operated with not more than three bedrooms being rented at a time and_not-being:occupied:by-more-than-six-(6flod tiers-(not including-the--ownerr-) 5. Breakfast may be served to guests only but in no instances shall cooking facilities, including but not limited to stoves, microwave ovens, toaster ovens, and hot plates be available to guests. 6. The property shall be maintained so that the appearance of the building and grounds remain that of a single- family residence. 7. The total number of bedrooms allowed on the property for use in the Bed.and Breakfast shall not be increased or expanded without further relief from the Zoning Board of Appeals. The renting out of rooms to more than six(6)lodgers or the renting out of more than three (3) bedrooms shall be grounds for a"show cause hearing"by the Zoning Board of Appeals with the possibility of revocation of the Special Permit. 8. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent properties. 4 I Town of Barnstable-Zoning Board of Appeals-Decision and Notice •- Appeal No. 1998-61 -B-Donald J.Bain(Ashley Manor) Special Permit-Section 3-1.1(3)(F)-Bed&Breakfast 9. Signage shall not be interior illuminated and shall not exceed four square feet in area. Signage must receive Old King's Highway Historic District Committee approval. 10. The locus shall comply with all Town of Barnstable Building and Health Divisions Regulations, Licensing, and Fire Department Requirements. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None Order: Special Permit Number 1998-61,for a Bed and Breakfast pursuant to Section 3-1.1(3)(F)for up to six(6) lodgers in not more than three(3) bedrooms within an existing owner-occupied single family residential dwelling, has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. , 1998 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 5 R BAMMBM MASK. &09- Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No.`z1.998=6:1"A�,Donald J. Bain (Ashley Manor) Section 4-4.5(2) -Expansion of a Pre-existing Nonconforming Use Summary: �De.nied Applicant: Donald J. Bain (Ashley Manor) Property Address: 3660 Main Street, Barnstable Assessor's Map/Parcel: Map 317, Parcel 021.001 Area: 1.86 acres Building Area: 5,186 sq.ft. Zoning: RF-2 Residential F-2 Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of approximately 1.86 acres and is located on Main Street (Route 6A) in Barnstable Village. It is improved with a 4,350 sq. ft. two-story wood frame house, a 616 sq. ft. accessory structure of a cottage and a 220 sq. ft. shed. According to assessor's records, the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private septic system. The property is located in an RF-2 Residential F-2 Zoning District,which only allows single-family dwellings as principal permitted uses. The renting of rooms for not more than three (3) non-family members is allowed as an accessory use. Currently, the applicant is operating a six (6) room Bed & Breakfast for up to 12 lodgers known as"Ashley Manor"on this site. The applicant is proposing to add two (2)guest bedrooms and two(2) bathrooms by constructing a second story (1,254 sq.ft. in area)on the same footprint of the existing house. Zoning relief is being requested in a number of ways to-legitimize the current use of the property and to permit an additional (2) guest rooms to be rented to a total of not more than 16 guests. Relief Requested: The applicant applied for several forms of relief to legalize the existing use of the property as a 6 bedroom Bed & Breakfast and to expand that use with an additional 2 guest rooms. The relief being requested as follows: Appeal No. 1998-61 -A: Special Permit Pursuant to Section 4-4.5(2) -Expansion of a Pre-existing Nonconforming Use Appeal No. 1998-61 - B: Special Permit Pursuant to Section 3-1.1(3)(F)- Bed & Breakfast Conditional Use Appeal No.,1998-62 -A Use Variance to Section 3-1.1(1)(A)- Principal Permitted Uses Appeal No. 1998-62 - B Variance to Section 3-1.1(3)(F), Subsections (b)- Maximum number of guest rooms and lodgers and (h)- Issued only to the owner and is not transferable. History of Site: On February 1, 1985, the previous owner of the property,Woodville W. Guy, applied for a special permit(Appeal No 1985-47)to allow the renting of rooms for up to twelve (12)lodgers. The 1985 Zoning By-law allowed as-of- right single-family dwellings and the renting of rooms for not more than 6 lodgers by a family resident in the Town of Barnstable-Zoning Board of Appeals-Decision and Notice 'Appeal No. 1998-61 -A-Donald J.Bain(Ashley Manor) Special Permit-Section 4-4.5(2)-Expansion of a Pre-existing Nonconforming Use dwelling. That appeal was denied. The Board found that the premises had always been a one-family residence, was not nonconforming, and had never been a commercial use. They found that no evidence was presented at the hearing to warrant the requested relief. The current owner, Donald J. Bain, has owned the property since 1986. He reports that he has operated a six (6)guest room Bed & Breakfast since 1986, and has submitted copies of a Lodging House License for each year from December 1985 to December 1997. The applicant has also submitted copies of a Permit to Operate a Food Establishment for each year from 1988 to 1998. However, no special permit or variance was ever approved by the Zoning Board of Appeals to allow this use. In November of 1987, the number of lodgers permitted as an accessory use to single-family dwellings was reduced from six (6)to three (3) in RF-2 Districts (ATM 11/7/87,Art. 12). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 18, 1998. A 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 29, 1998, and continued to June 3, 1998,August 12, 1998, and November 4, 1998 at which time the Board denied the special permit for an expansion of a non-conforming use. Hearing Summary: Board Members hearing and deciding this appeal were Ron Jansson, Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn.. Attorney Peter Freeman represented the applicant, Donald Bain, who was also present. At the opening of the public hearing of April 29, 1998, Attorney Freeman reported to the Board that some abutters have written in opposition and Mr. Bain would like a continuance to allow him time to talk with the neighbors about their concerns. The Board agreed to continue these appeals to June 03, 1998. At the June 3, 1998 continuance a letter from Attorney Freeman, dated June 02,1998 was read. That letter, requested a continuance of the Bain appeals. Attorney Freeman reported the applicant is still in the process of obtaining Old King's Highway Historic District Committee's approval. He went before them on May 27, 1998 and his application was continued until June 10, 1998. The Board continued the appeals to August 12, 1998. At the August 12, 1998 continuance, a letter from Attorney Freeman, dated July 28, 1998, requesting a continuance was submitted to the Board. Mr. Freeman was present and addressed the Board. He reported the applicant is still in the process of trying to get approval from the Old King's Highway Historic District Committee and would like a continuance. The Board granted a continuance to November 04, 1998. At the November 04, 1998 continuance, the Board first heard the Special Permit issues;: Appeal No. 1998-61 -A, Special Permit Section 4-4.5(2)- Expansion of a Pre-existing Nonconforming Use Appeal No. 1998-61 - B, Special Permit Section 3-1.1(3)(F)- Bed & Breakfast Conditional Use Attorney Freeman reported the subject property, known as Ashley Manor,was purchased by Mr. Bain in 1986. Since 1986, Ashley Manor has been duly licensed as a Lodging House for up to six guests. The applicant is seeking to legalize the existing.use of the property as a six bedroom/twelve guest Bed & Breakfast. He is also seeking to use an additional two rooms as guest bedrooms for a total of eight guest bedrooms and sixteen guests. The first form of relief requested is an expansion of a pre-existing nonconforming use. As to the Special Permit request pursuant to Section 4-4.5(2), Attorney Freeman initiated a discussion to prove the legal nonconforming use, reporting that Ashley Manor had been licensed by the Board of Selectman since 1986 with no limitations on the number of lodgers identified within those licenses. In 1986, zoning allowed up to six lodgers as a matter-of- right. Since that time, Mr. Bain has continually operated the house with at least six lodgers. The house has six guest bedrooms and two bedrooms for the owner. Mr. Freeman indicated this establishes the use as pre- 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-61 -A-Donald J.Bain(Ashley Manor) Special Permit-Section 4-4.5(2)-Expansion of a Pre-existing Nonconforming Use existing nonconforming use for up to six lodgers and therefore allows the applicant to seek an expansion of that pre-existing nonconforming use. The relief being requested is to expand the non-conforming use with two new additional guest rooms for a total of eight guest bedrooms. The site has a new Title V Septic System as reported by Down Cape Engineering. In a letter dated April 23, 1998 to Donald Bain, Arne J. Ojala writes"I have determined the design flow capacity of the Title 5 system serving the main house ... is adequate to serve in excess of the proposed 10 bedroom total. The flow capacity of the Title 5 system serving the cottage is .... adequate to service in excess of the single bedroom therein.". Attorney Freeman reviewed the site and the proposed floor plan of the new addition. Citing that original proposal was approved by Site Plan Review Committee on February 19, 1998. It was for two guest rooms to be added to the second floor within the existing footprint of the building. That proposal was denied by the Town of Barnstable Old King's Highway Historic District Committee (OKH). The applicant changed the proposal to now include the construction of a 840 sq. ft., two-story addition to the rear of the inn. This new proposal was approved by OKH on October 14, 1998, and the modified site plan was found approvable by the Site Plan Review Committee on October 22, 1998. The Board, the Applicant, and Attorney Freeman discussed the difference(s)between an Inn and a Bed and Breakfast. Some felt an Inn is more commercial in nature and that a Bed and Breakfast use of a residential dwelling was an accessory use to the principal permitted single family dwelling use. It was also noted that a Bed and Breakfast serves breakfast only and is owner-occupied. Mr. Bain indicated Ashley Manor Inn is a misnomer because in his opinion this is not an "inn" in any commercial sense but rather"his home"where people come and visit and sleep and he also serves them breakfast. His home does not create the appearance of a commercial use but looks more like an estate type home. Mr. Bain reminded the Board that he has been operating this dwelling as the Ashley Manor(without complaints from neighbors)since 1986. The Board and Attorney Freeman discussed the requested relief. Attorney Freeman noted that if the Board is satisfied that the applicant has a pre-existing nonconforming use for six lodgers, then the applicant is seeking to expand that use to allow up to twelve, or preferable sixteen lodgers. Currently, the applicant has no relief under zoning for the main house or cottage. The Board noted for the record, that on site there currently is a main house with five guest bedrooms and two owner bedrooms, and a cottage with one bedroom for a total of eight bedrooms on site. There are no permits to show when the cottage was legally permitted to be used as a rental unit. There are no kitchen facilities in the cottage. They are currently using six bedrooms for lodging-five in the main house and one in the cottage. Public Comments: Edward Handy, an abutter, spoke in opposition citing that he does not think there is a legal pre-existing nonconforming use and that it can not be expanded. He feels to change from six people to sixteen lodgers is a detriment to the area and an over intensification to the neighborhood. Vicki Marchant, an abutter spoke in favor, citing that this Bed and Breakfast is kept up nicely and quite beautiful and she does not consider this a detriment in any way. No one else spoke in favor or in opposition to this appeal. Previously submitted to the file are letters of support from Mrs. Martin, Ralph Gillis,Anthony Stanford and Lynne Poyant, Hyannis Area Chamber of Commerce, letters in opposition were from Edward Handy, and Ralph and Tylee Stoesser, and a petition in opposition signed by six people. Concerning the letter from Clyde and Eleanor Claus,Attorney Freeman claimed that Mr. Claus told him he is no longer in opposition because at the time he wrote that letter he did not understand the applicant's proposal. Findings of Fact: At the Hearing of November 04, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-61-A-a Special Permit pursuant to Section 4-4.5(2)- Expansion of a Pre-existing Nonconforming Use: 1. The applicant is Donald J. Bain d/b/a Ashley Manor. The property address is 3660 Main Street, Barnstable, MA as shown on Assessor's Map 317, Parcel 021.001. The property in issue is located in the RF-2 Residential F-2 Zoning District and consists of approximately 1.86 acres. It is occupied by at least two structures; a larger home and a cottage totaling 5,186 square feet. 3 l Town o0arnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-61 -A-Donald J.Bain(Ashley Manor) Special Permit-Section 4-4.5(2)-Expansion of a Pre-existing Nonconforming Use 2. The Petitioner is seeking a Special Permit pursuant to Section 4-4.5(2)for an expansion of a pre-existing nonconforming use. 3. The Petitioner has presented evidence to establish that, prior to 1987 in the RF-2, Residential F-2 Zoning District,the Zoning Bylaw allowed for the renting of rooms for up to six (6) lodgers, as a matter-of-right. Subsequent to 1987, the Zoning Bylaw was changed to reflect the fact that in an RF-2 Residential F-2 Zoning District, as a matter-of-right, the renting of rooms was allowed for up to three(3) lodgers. 4. The testimony of the Petitioner,which is uncontroverted, is the fact that the property was consistently used - prior to and after 1987-for the renting out of rooms to at least six (6) lodgers. The size of house and the number of rooms that were utilized at this location would give credence to that fact. Accordingly, the current use of the property for renting to at least six(6) lodgers is a pre-existing nonconforming use. 5. However, the Petitioner is not seeking an expansion of the pre-existing nonconforming use, but rather is seeking a total change in the character of the use to change from a Lodging House to a Bed and Breakfast. 6. The Zoning Board of Appeals, the Planning.Board, and members of the Town have spend a significant amount of time attempting to adopt a Zoning Ordinance pertaining to older houses in the Town to be used as a Bed and Breakfast. The Zoning Ordinance clearly defines the limits of what is intended to be used as a Bed and Breakfast in the Town. A Bed and Breakfast use is different from that of a Lodging House use. 7. Accordingly, the Petitioner's application seeking an expansion of a pre-existing nonconforming use is not appropriate. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None Decision: Based on the findings of fact in Appeal Number 1998-61 for a Special Permit pursuant to Section 4-4.5(2)for an expansion of a pre-existing nonconforming use, a motion was duly made and seconded to deny the application with reference only to the expansion of a pre-existing nonconforming use. The Vote was as follows: AYE: . Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None Order: In Appeal Number 1998-61, the request for a Special Permit pursuant to Section 4-4.5(2)for an expansion of a pre-existing nonconforming use, has been denied. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. , 1998 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. 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