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HomeMy WebLinkAbout1989 MAIN ST./RTE 6A(W.BARN.) - 1999 PERMITS, INFO - 1 OF 3 - MISC STREET FILE 1 o - Q . 0 NO. 4,52 113 ORA UAM w usa OEM 0 0 0 0 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map - Parcel O _ Permit# Health Division Date Issued �o Conservation,Division = f Fee Tax Colle i Treasur Planning i _ 9 De t:P Date Definitive Plan Approved by Planning Board z Historic-OKH Preservation/Hyannis ' Project Street Address *t- Village LA.) Qa rll 5+641Z. Owner e h Q ono Address 'S k y�%►•+�j-�v� p Y' �(c�1:C� Telephone ��b � 3 1 .� 04 j� N1/-} O ZSC' I Permit Request y -� Itov► D-C - �. Sw It 5 . p�,j Sr�pCv�1� �ov►•ot.i�'�oy� , - Square feet: 1st floor:existing proposed 2nd floor:existing " proposed_ Total new Estimated Project Cost oning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft), Number of Baths: Full: existing new Half:existing new Number of Bedrooms: existing new - ToW Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas ' 0 Oil O Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization 6 Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use - - Proposed Use s BUILDER INFORMATION Name �j �.� rc 2t Telephone Number G Address License# � Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION EBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO L lllawwk SIGNAT E - DATE _ -ZF FOR OFFICIAL USE ONLY = PERMIT NO. •:q ~� # � ., ^ . r _ ,. `- r •` ,,,, ' • f - , s ;` ' ioll DATE ISSUED �� �,rr ' w, y . ' -: • .r• T , _ • � s ;j _ T r ij t MAP 7 PARCEL'NO. ADDRESS VILLAGE 'OWNER }, f DATE OF INSPECTIO T * 4 _ m ti ' �• ;< FOUNDATION ` FRAME INSULATION • ' i 5 5 '' _ r £� 1 -� —� � _ " ~ � . ' r FIREPLACE cr •ELECTRICAL ROUGH FINAL `•f . # , PLUMBING: ROUGH FINAL , } GAS: ROUGH FINAL: t } FINAL BUILDING DATE CLOSED'OUT sASSOCIAT_ION PLAN NO: TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map P Parcel V 0 A Permit# / GJ Health Division Date Issued Conservation Di A I Fee, �D Tax Collecigr -, Treas Planning Dept. w , Date Definitive Plan Approved by Planning'Board Historic-OKH Preservation/Hyannis �' ' 4' •` ` Project Street Address Village MA 026 6 g Owner p-C_ GGLO Address Irl { Telephone 5O MA UZ Permit Request z-- l��t t'tti.� 34 Sal, pV�J' P'Y I Square feet: l st floor:existing-i_9 U u proposed 2nd floor:existing -Vo y proposed Total new Estimated Project Cost Zoning District 7- Flood Plain Groundwater Overlay•A P Construction Type tAJy.0 Lot Size ` 2 Grandfathered: ❑Yes ❑No If yes,attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) ' Age of Existing Structure (7 Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes, ❑No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count 2— Heat Type and Fuel: ' Gas ❑Oil ❑Electric O Other Central Air: ❑Yes No Fireplaces: Existing New Existing wood/coal stove: Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial Zes ❑No If yes,site plan review# Current Use f COAL( �a Proposed Use BUILDER INFORMATION Name ,Telephone Number Address-..Zz e2ll"l r G/ License?# (�� �- Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE / C1 , FOR OFFICIAL USE ONLY kvi PERMIT NO. DATE ISSUED > : MAP/PARCEL NO _,• } , ADDRESS, VILLAGE F _ + =r 4 OWNER DATE OF INSPE ON: FOUNDATION > _ ' FRAME a { INSULATION FIREPLACE a. ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH - FINAL GAS: - ROUGH. c. FINAL ; FINAL BUILDING , O ' • ' c: f DATE CLOSED OUT f :r • { r r f ASSOCIATIONTLAN NO. E' _ t ' • r TOWN OF BARNSTABLE SIGN PERMIT ' PARCEL- 1 216 038 GEOBASE ID 13334 ADDRESS 1989 MAIN STREET/RTE 6A ( PHONE W BARNSTABLE ZIP - LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT WB PERMIT 38492 DESCRIPTION TAO WATER (GALLERY)/UNDER 15 SQ. FT ' PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $25.00 ptr 1b�y, BOND $.00 CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE * BARNSTABLF, MASS. 1639. Fp INI� E BU DIN G�DIV*%�r4ez-- B � i DATE ISSUED 05/17/1999 EXPIRATION DATE The Town of Barnstable y 9 Department of Health Safe and Environmental WAN&est.E. p Safety vironmental Services Building Division rFo r�er 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner a Tax Collector Treasurer Application for Sign Permit Applicant: LEE D& 0/4-0 Assessors No. c4 6 01 � Doing Business As: TA40 W.4T6-P+ Telephone No. So? 37.5 O L/2 8 Sign Location /9�� q o u T6 G � �� p Street/Road: Zoning District:l - Old Kings Highway? Yes No Hyannis Historic District? Yes/No Property Owner Name: Le D.e- 2322 G//\G�- ,� Telephone: 50� 3 3 ZLJJ� (, Address: +S V-ervl 5��Y) Q Village: SowiqW\C,� 1 V A Sign Contractor _ _ Name: ST Gy Ul �C G L�- Telephone: G O ? Address: '7�6 GO i U 1—1 Village: /I ASYE66 W{AOZ (A-� Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? Yes N�o (Note.If yes, a wmt 2gpermitis required) I hereby certify that I am die owner or that I have the authority of the owner to make this application, that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent:_ //y� Date: Size: AK--.r 4Permit Fee: Sign Permit was approved: Disapproved: ,l Signature of Building Ofli ial: IV ` Date: t5 —�oZ Signl.doc rev.8/31198 r Sign Proposal From Tao Water Art Gallery Date April 6, 1999 Address: 1989 6A, W. Barnstable MA 02665 1. Please see our drawing. 2. Description Style: the sign will have Chinese traditional architectural style, please see our drawing. It is going to be a freestanding sign. Materials: wood. The structural supports of the sign will be wood timbers Color: we will paint cranberry color on two parallel wood boards, black on two wood timbers. Size: the sign will be 5.5' high; 4.5` wide. The top wood board will be 4.5 square feet; the second. one will be 7 square feet. The sign will not exceed three (3) square feet in the area. Message: on the top board, we will have Chinese calligraphy carved by hand, and painted in cape cod gray. On the second board, we will have English carved in times new roman, painted in white. The Chinese letters shows off the name of our gallery in Chinese, it has the same meaning as in English. LeDe Eao Dian Tong t GA pE GoD � 2AY [ dlb r Ulu Wa V, A lJolo-t kinAmIlera j, s LL r L 1 —i coo w e`Ardndano +er- A-a* rqc 11er j-- Canneberge Cranberry Zing G rat ber k� � O 'O N Ark /8Y�- �f 4/-x6 'r � M OMD r �..»,A-'°°"w -.� .ram _. �..,.&..,«.� , �"�'...�pr ...:- .,�% :.r�......a:c:gc�.:v,.-•,..,,...,... .�.�...-....<..^�"r :hr�".,,,,,Tw""e°.'�,�,.,,,a y--.'„,,e+'- .--:i'""p-" r. ,fn '� h,,,ic re M• ,..� scrW. ,,,-_ _.W,n.w,wee-a .r. _ ._,�,,,�,,.�,,.,,., "'"'x. �.-moo,,,. � _•�-'�•--,. ,,,,. �`-y�. �,��, � ,�-��,- ..» ,.�,� i 6A RAO C- XST/A/q OU C Lalnl4 - Go-rrAr� DO©R 20 ` 1 � 93/ LAA/17SC.4 PE 3. i �\ i - - �L�cE of P�}UE - - - - - - - - -- - - - - - - - - - - - - - - - - - - - STANDING 5-Tgil 7AG ��T�2 SANDI INSTE VANNDN�ORE IR LEANS . Old Kings Highway Regional historic District Commission. P.O.Box 2187,Hyannis,Mass.02601 Telephone 508-775-5793 GLENN PADLS & LEDE BAO V. Decision 199-2 OLD RING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE FOR THE TOWN OF BARNSTABLE On Tuesday, .April 6, 1999 the Commission held a hearing on Appeal #99-2 filed by Glenn Pauls and Lede Bao, seeking review of a decision by the Barnstable Historic District Committee denying a Certificate of Demolition for a building located at 1989 Route 6A, West Barnstable, Massachusetts. Present were Edward Molans, Barnstable; Roy Robinson, Brewster; Marian Reilly, Sandwich; Deborah Gray, Yarmouth; Robert G. Brown, Commission Counsel; and Lede Bao, Appellant. The Committee's decision was filed with the Town Clerk on January 28, 1999. The appeal was entered with the Commission on February 7, 1999 within the 10 day appeal period. By agreement, the 30 day determination period was waived. THE APPELLAN` "S PRESENTATION: Lede Bao, Appellant, addressed the Commission in favor of the appeal. He explained he had recently purchased the former Pinske Gallery on Route 6A in West Barnstable and planned on continuing its use as an art gallery, concentrating on traditional Chinese art and other arts and crafts. He displayed pictures of the small house next to the gallery and described its current condition.. He said the house is in great disrepair and it is cheaper to remove the house rather than repair it. The house was built in the very early 1900's. He asked that the Commission reverse the decision of the committee.' ® 1 J� �� i I - { THE COMMITTEE'S PRESENTATION: Edward Molans, representing. the Barnstable Committee, explained the Barnstable Committee's reasons for denial. He recounted the recent history of the building and said that, in 1992 , Mr Pinske stated to the Committee he wished to restore the house. However, in 1994 , Mr. Pinske requested a -Certificate of Demolition from the Barnstable Committee which was denied after protest from the Finnish Society explained this was one of the first homes built by Finnish who e xP After the 1994 denial Mr. Pinske neglected settlers in the area. ears. 96 the building and it has badly deteriorated over the y violation notices resulting in over $1000.00 in fines were forwarded to Mr. Pinske. The Barnstable Committee tried everything possible to save this building. DISCUSSION: In discussion among Commission there was a general members, quite consensus that the house in question is beyond repair and q possibly in a condition to be condemned by the Barnstable Building Commissioner. While the house has sentimental value to the Finnish community, it is a relatively recent building and generally does not fall within the period associated with the mandate of the Regional District. FINDINGS: The Commission voted as follows: 1. That the Barnstable Committee used poor judgment in denying the' i Applicants' Certificate of Demolition. 3-0-1. 2. That the ppeal be allowed subject to the house being offered to the Finnish Society who will have 30 days to remove the house from the site in question. 3-0-1. DETERMINATION: ' As to Appeal #99-2, the appeal is allowed, subject to the above conditions. Any person aggrieved by this decision has a right to appeal to the District-t-o—urt Department, Barnstable Division, within 20 days of the filing of this decision with the Barnstable Town Clerk. Marian Reilly Chair 2 l . " L U& Yao 0 N-A o266Y vliul L-e-VO- f L)-f-t 1 "Ifl-V UT 011-i(bb-Pl. 1 -t I I 6VACk ck4e,t2 Y '5 O-T -:5 1-1 -t— p r I/A(3VtVCejjer OL > 49vv(CL Sl VC, StOyle- O'CS I CL Ill-WC11- Yont ix 5 r a"L i U2. C, V V'6� 5�e minc roM 6t sr -troy o LL i I d" UAM h� I c cl I c)a-yti ci yo--A A- I/ AA 0�10i tod a 7-4-t-A in A I It_ -r- v LA- vvv 4 M i' TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 2-1 �_Parcel 03 f,a Permit# �J � Q I Health Division - �a-�,y ��+� 7���` °� f s ;Date Issued r ( 9 99 Conservation Division p, !"�� � ryd 5-0 d Tax Collector 2V J Treasurer s 6 { Planning Dept. r `f Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address 190 7 A014re- 9/4 Village W• balms O2-6 60 .Owner A e, &P- 'Address D 1- 5wcto 1"cI Telephone ,3 7 04d, r � Permit Request 0 s18 a ut uJ o /I&W C6dYS Cr, wad l _Ikr err r Square feet: 1st floor:existing .2- 0 U proposed 2nd floor: existing oZ oo proposed Total new Estimated Project Cost .2 Uody - Zoning District Flood Plain Groundwater Overlay AP Construction Type (A)0006 Lot Size 6 Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure 440 Historic House: O Yes ❑No On Old King's Highway: �Q Yes ❑No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half:existing new Number of Bedrooms: existing new Taal Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: '4 Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes `)�No Fireplaces: Existing New Existing wood/coal stove: Yes ❑ No Detached garage:❑existing ❑new, size• Pool:O existing ❑new size Barn:❑existing ❑new size Attached garage:J*existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of AppealsAuthorization ❑ Appeal# Recorded❑ Commercial Of Yes ❑No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name -�►'` /V!q Telephone Number Address ; / , --- _ License# D 7 V 3 2-3 (& A P5�- Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DE IS RES ING ROM THIS PROJECT WILL BE TAKEN TO a�e e..V SIGNATURE DATE - r FOR OFFICIAL USE ONLY - PERMIT NO. DATE ISSUED MAP/PARCEL NO. y Y ADDRESS «S' ' 'T VIL'LAGE i OWNERJL u, DATE OF INSPECTIO - �'• e FOUNDATION ` FRAME INSULATION-. - FIREPLACE ; � ,' ' y� h• - � _ .: >- ELECTRICAL: ROUGH r FINAL' - . 44 1 PLUMBING: ROUGH FINAL GAS: ROUGH FINAL = , FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO: .ta , y>✓ ..-, .. . .•_. il., _. .. ,.. :,}.fix' _ _ ...__�.__............_...-....____.- . N _ ;���lV_ `.^_.•��--.-e<:. ° _ —_ ��t� .. _.r•. -. :,_� - s -r � � �d#���d�.,,ia9r.i�s�y� � i�''"i'�-�i Ys' .:^S le FS im 53 Nu 175 1 :. .. -w .., - •e ,. t 1 �.�F-.. }t s+,a..� �#•.�.5 � y s�-,xa�. :;,z:Aw .. _. 1 - s 60x - a'�-.:_ ...:.+ -*„'2r,--'--'-�•�= I 7-IL ,r aT � arl Nilep 7-7 lZ 1 � _,..N -.>.L.✓l.� ` Cry _ .._.._ �J�/1�,J� _ � � '��j� _� a� r *- --- g•"Y 'yam � i� � _6 iW - a .. - -' - .. _ _ r ._•._ r••z:,rk.+4F -.i �•r,r-ate^-.,...� t v..x xY Y."�:.n,f+.�.z.... r.. ...� _ _ � ' /031/23/99 12:50 FAX 508 833 2496 BAO'S ART & [aO1 r.: J 4� 7 DOME MROVENENT INC. SPECIFICATION AND ESTIMATE FOR Sao eMan PG 1 OF 4 waw. 661-B Main Street- Falmouth, MA 02640 • (508)467-0329 . 1-800-287-0329 (Fax 6464379 Proposal#bao#2 F.atimatw. Larry O'Coamar Date: 3/22199 MA IRC Reg.#118956 Name: Lade and Diane Bao Job Address: 1999 Route 6A Address: 45 Kensington Dr. Towx W-Bamstabie City: Sandwich,MA 02563 Home Phone: 899-0036 833-2496 1. We hereby submit mmificafinna and estimates for. Cottage Option One:Renovate erosting cottage as follows: Salvage exterior historic portions as possible- Gut a dire interior portion of cottage.Frame in new roams on interior to include kitchen and bath and two offices on fast floor,two rooms upstairs. Furnish and install new wood windows,wood doors and pine trim,all to be paeprmed per_New ceder shingles on o*finr,new roof will be asphalt shingles using Bird SeaHdng 25 year wanwAy. All new electric service,new self contained gas heat direct vent unit,all electrical and insulation to code.All electrical fixtures will be by owner.New kiteben.will have approx. 10 foot run of Yoddowne oak finish cabinets with new sink and faucet,new square edge laminate countertop.New bath will have one piece tub/shower unit, acxyllic with new mixing valve,faucet;30P vanity with cubmed marble sWctop and single handle faucet New flooring& =gWA cottage will be subiloor only.Owner responsible for finish flooring.New walls wdl be d*w4 taped,comnpounded and primed only. Price to rea vatm $01,320. Option Two:Demo existing cottage from existing foundation up and remove debris.Build new five mama cottage approx. 740 sq.feet with same specs as above. Price to build new: S69,000. 2. Items not spedfinIIy mdaded in this proposal are excluded,such as: -Septic update, See Items 20,21 &22 -Survey end See Items 20,21 &22 -Problems that arise due to existing ph mabm&electrical or strucbual,such as rot or items not to code,wr71 be assessed and Piced as needed. See Items 16& 17 -Painting or staining except as noted,Electrical farbnm or ceiling tans and Landscaping 3. Terms of Payment(Sea Items 17,18 & 19): Tots!Contract Price is S 1/3rd Deposit on Acceptance 1/3rd At Start 1/3rd On Completion Please ask aues6ons if there is anything about this proposal and/or job ilM you do not understand- You may be billed for any extra work that is not specifically included. TM PAGE BECOMES PART OF AND IN CONFORMANCE WITH PROPOSAL it bao#2 ACCEPTED BY DATE -may,bred for any extra work that is not specifically included. " TM PM M BECOMES PART OF AND IN CONFORMANCE Vffm PROPOM# bda2 ACCEPM BY DATE HOME EM PROVFAUM INC. SPECIFICATION AND RSTIIKATB FOR Boo oouW PG 2 OF 4 www Oca®ar-Base == 4. Sdw&ftg of Work to be deteonmed We hope this will h*you;if you have any questions pis feel ftee to cal Ibank You Sinoec+ely, r Lawrence O'Connor,President ' NOTE: This Cantra¢t is tint valid unless signed,by a corporate officer. 5. The job site wM be kept clean and mderly at all times. 6. All products installed by O'Connor Home Inc.will be to mam Eschuerspecifications c r better. 7. All wodanansbip is wanunted$or a pedal of one year from date of mstallatiau. S. All material is gus=anteed to be as apmified,and the shave wadi to be perfauoed in aaardanoe with the drawings and/or specifications submitted for above wadi and completed in a substantial wodmunlilm manner. 9. Hoaneowner to catty fire,tomado and other necessary m mme an above wodc Mammr Home b4zO ement,Inc. is fully ooviered by wodoer's eotnpensatim and public liability insunince. A cEttificate of m�fi aance is available upon request 10.Accephume of Estimate The above prices,specifications and conditions are satisfactory and am beceby accepted O'Connor Home lM is aufhmized to do the wodc as specified DO NOT SIGN THIS CONTRACT IF TFME ARE ANY BLANK SPACES. Date � Sim Note: You,the bruM may cancel this frausaction at any time paiar to midnight of the third business day after the day oft]A tr =diam See the Ittahed Wtim of ea MUltim folm for en aphm9fi a offt right. This Poposel may be withdrawn by us if not aoegAad within 60 days. The following to your eatimatelo---ct sin n9itied by Massachusetts Law under the'Hame Imp avement Contractor Law,Chapter 453,Acts of 1991,Chapter 142A of the Massachusetts Genial Laws. 11. O'Connor Home Improvement Inc.opemtes under Federal Employer Identification#04-3297170, iLWiuuuwauJS I Uj yusu cauumaiawLtaaa,&an,aanisuana v) .a60 a.waw Muh4 a a,....� i4eavemmi Contractor Law,Chapter 453,Acts of 1991,Chapter 142A of the Massacbmisetfs Getuxal haws. 11. O'Connor Hnme h%mvement,Inc.operates under Federal Employes Id-fixation##04-3297170, Massachusetts Home Impmvement Contractor Registzatim#118856_ 12Allhome ' contractors and submntractots engaged in re idenfid i(bome improvennent) un6s specificaUY ftm ftLqhfim by pt+evisiM of Chapter 142A of the Getleral Lau m met be registered with the Commonwealth a fmassachusetts.Inpw about mpfthan w d sits slmuld be made to- THIS PAGE BECOMES PART OF AND IN CONFORMANCE W= PROPOSAL# bwN ACCEPTED BY DATF HOME IWRO INC. SPECIFICATION AND ESTIMATE FOR Bee w t p PG 3 OF 4 ""w OCaMxM4ff 0Ma for,Flume Cow tip,Ow AWAM ton Place,Room 1301,Boehm,MA 02IM (617)727.8598. 13. SdmA led start and completion of work variations: The actual data that construction will eam and be comPlieted may vary due to: the time sired to apply for and obtain necessary ;delays caused due to necessary in9peeti0ns;delays in the schedule of wodt(am);the pn9em of hidden oonditim ofnemw rlr additional waelc dbwmed&ning Won;or delays is the receipt o£egt endlormataials v+hich mus�C be M&W and/or slivered to the site. 14. Certain debys-Rd Violations: The home owimhaebyacknowledges& ,that am sehedul ng dates are appcoximate,and that such delays that are not avoidable by the Contractor aball not be considered as violations of this Cotrttaet 15_ Notice of S Ie Changes: The conhwA&agrees that when such rya became known to the cOntlict0f,the contrador will advise the home owner as soon as it reasonable. 16. Delays in eompletian due to hidden camiMons: The home owner hereby adbwwledges and agrees that m certain remodeling work,the demolition of pmtions of the preexisting shuctlue may reveal additional defects, M&tM 'oz d*n*d for Addi and WOt ,which must 6 repaired,altered or carried out in orcler to c mnmm or to Complete the Warne described under 6n mh2a Ia such cases)the Home owner agrees that the duration of the work and the scheduled date of compleian may differ fivm the dates Agreed to,and that such variation which is Id avoidable by the Contmft shall natbe WHiderred to b-a violation of this contract 17. Eldden conditions and necessary addltkmW work Ifidden oanditionm as described in hem 13 above may requite adjustment in the overall.price for the necessary work related to this contract. In such case the extra charges will be billed and will be payable upon receipt_ No contract for residential(hone impcoriftwicting arovemen#) work shall require a down payment(advance deposit)of mm tlum 1/3 of the total price or the total amount Obtain of all or payments which the csmtractarmust maim,m advance,to order and/or otherwise eY of Mder mateials and equip utidever is 19. Finanee Charges/delays in reuirea payments: Payer as pwmvided under item#3,Terms of FAYM t above Shall be made wben due. All itivoim end dmnge m d=are due and payable upon receipt. The lead carpenter an the job may accept payments ifyou do not wish to travel to our offices. Anypaymcnts tint are delayed shall be mubject to a formes charge of 1.5'Yo per month, I W per year. In event this obltgatian is refieaed to an Attorney for collection,a reasonable attamey's fee shall be added to the and��e due it 19. No acederatioti of payments,but escrow Mowed: The t+euosinimg balance and the sebedule O£ re Ua`RTl d-q a h4t'h am not vpt Ale+ inev vwd I%o eA.mvwh&4 le....s1�.,se.i1 i.s........-as.-n,._ar�s�j�_ as a0a.ruey for collection,a reasonable attomey's fee shall be added to the and delinquemT cliarSe due herea�a. 19_ No aclederattan of payments,but escrow allowed: The ramaining balance and the mile o VeMMID9 Pate te s,which a not yet due,may not be advanced(aceelerat4 because the Contr�aew deems himself or the payments to be insemm However,if the Contractor deems himself to be insecure,he may as a P=Wft to eanim*the wik descal'bed hmm that the balance of the payments undeft wmd wbi&me in CMtMI of the bme omef,9W be Wood in a joint emw&umA which moires the 4=ture of both the Contractor and the home owner for wrthdcswal. 20. Permits that are do responsibility of contractor. The contractor under �of Chapter 142A of the Cameral Laws is required to apply for an obtain all construchon-related permits. 21. Omer pemnits/approvals not the of coDftact - - Certain Ham e IMI M P ement wodc(i.n, additions, 8m8es.Pmrhes,etc)•may require other pennits inahxfing but not limited to Variances and Special Pemnhs under Zoning By-laws through the Board of Appals,Board of Health Permits for espamion of sewage disposal system,Conservation Commission for an Order of Conditions,etc. Such pemods wbi,ch may require non- oowtuction related,engineering,technical or legal z eatatioa of the horse owner,sball be the resI isibility of the Home owner_ Tl�PAOE BECOMES PART OF AND Di CONFORMANCE WM PROPOSAL# bwa ACCEPTED BY DATE HOME EMPROVTII+H'M INC. SP$ MCAnON AND MUTATE FOR Bso ca t p PG 4 OF 4 aaysv.00a®or-Homescom 22. Delays in vbtniomg necessmy canstrucdun-related permits: The Contractor shall not be deemed responsible for delays in the work desca'hed in this Contract caused by Mpilatory,permit gating or iw� ages,authorities or individuals. If the homeowner obtains his own eangruc on-related permits for the war described under this eontmet,the homeowner is hemby advised that in the event of a dispute,judgment and nm-payment of the conhutor,the homeowner will not be entitled to make a claim to or collect fiom the Guaranty Fund established by Chapter 142, MCL,Altemative Dldspute Settlement(Arbitration)Clau m 23. Agreement of am pages to procedure- . The contraetar and the home owner hereby muhtally agues in advance that in the event of a dispute concerning this contract or the labor,materials,and equipment,supplied or to be supplied bmuudw,the Patties shall submit such dispute to a Private Arbthation Service which has been LEGAL DEPARTMENT, TOWN OF BARNSTABLE OFFICE OF TOWN ATTORNEY TRANSMITTAL Sheet Dated: March 31, 1999. TO: 14ALPH CROSSEN, Building Commissioner TO: AUDREY LOUGHNANE, Councilor TO: JAMES D. TINSLEY, CPA, Town Manager TO: ZONING BOARD OF APPEALS FROM: ROBERT D. SMITH, Town Attorney FROM: RUTH J. WEIL, Asst. Town Attorney RE: Barre Pinske v. ZBA (Superior Ct., C.A. No. 98-556) OUR FILE REF: #98-0108 ------------------------------------------------------------------------------ On this date, we received from the.Superior Court a copy of Judge O'Neill's notation of allowance of the Zoning Board of Appeals' motion to dismiss in the above matter together with copy of the Judgment of Dismissal entered with the Court on March 30, 1999, copies of which we are forwarding to you for your records. RDS/RJW:cg I0 8-010ftemoall1] COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: SUPERIOR COURT C.A. No. 98-556 BARRE PINSKE, DEFENDANTS' Plaintiff, MOTION TO DISMISS. V. sls� , TOWN OF BARNSTABLE, c,u �✓� L ZONING BOARD OFAPPEALS. Defendants. 7�o � Pursuant to Massachusetts Rules of Civil Procedure 12(b)(1) and 12(b)(6),the Defendants, Town of Barnstable Zoning Board of Appeals, respectfully move d`7Q this Court to enter judgment of dismissal in its favor. As is delineated more fully below in the affidavit of Town Clerk, Linda Hutchenrider, and in the accompanying Statement of Reasons in Support of Defendants' Motion to Dismiss, this Court lacks jurisdiction over the subject matter of Plaintiffs Complaint due to Plaintiffs failure to timely notify the Barnstable Town Clerk of the filing of the Superior Court Complaint within the statutorily prescribed twenty (20) day period. Further, the Plaintiffs appeal has failed to state a claim upon which relief may be granted. WHEREFORE, Defendants respectfully pray that this Honorable Court enter a judgment of dismissal its favor. Dated: December 2, 1998. MAR 3 11999 198-01081dsmodon] _ 1 Tvutn wwraM of Masser IM0 BARNSTABLE, ss. SUPERIOR COURT No. 98-556 BARRE PINSKE VS. TOWN OF BARNSTABLE ZONING BOARD OF APPEALS JUDGMENT OF DISMISSAL (Pursuant to Mass R. Civ. P. 12(bl(11 and (61 This action came before the Court, O'Neill, J.,presiding, upon motion of defendant, Town of Barnstable Zoning Board of Appeals,to dismiss pursuant to Mass. R. Civ. P. 12(b)(1) and(6) and the Court having granted said motion, no opposition having been filed, It is ORDERED and ADJUDGED: ,. (1)that the complaint of the plaintiff, Barre Pinske, is dismissed against the defendant, Town of Barnstable Zoning Board of Appeals, (2)that the Clerk of this Court within thirty days after entry of this judgment shall send copies thereof to the Board of Appeals, Building Inspector, and the Clerk of the town of Barnstable. Dated at Barnstable, Massachusetts,this thirtieth day of March, 1999. FORM OF JUDGMENT APPROVED: �I Justice of the Superior Court lerk A est• Clerk i I - ' g ryy (� d '�� I s try ` ��•" i„ts�� k w i t r: t r 4 JOHN W. KENNEY ATTORNEY AT LAW 12 CENTER PLACE 1 550 ROUTE 28 CENTERVILLE,MASSACHUSETTS 02632 TELEPHONE 771-9300 FAX NO.775-6029 AREA CODE 508 February 5, 1999 Mr. Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: 1989 Route 6A West Barnstable, MA 02668 Dear Mr. Crossen: Please be advised that I represent Lede and Dian Bao who have a Purchase and Sale Agreement to acquire the above-referenced property. The property presently is used as the Pinske Art Gallery. I am writing to request that you confirm information that was passed on to me by the real estate brokers in connection with this property. Specifically, I would like you to confirm that my clients will be able to use the property as they intend, which I will further describe hereinafter, without having to go before the Zoning Board of Appeals for any kind of relief . The Baos intend to use the property located at 1989 Route 6A, West Barnstable, MA as follows : 1 . The top floor will be used for the displaying and selling of Asian fine art and Asian art screens; 2 . The first floor will be used as a working studio. Mr. and Mrs . Bao will be creating screen dividers which they . will be painting and exhibiting for sale; 3 . The Baos will also be exhibiting for display and sale Asian crafts; 4 . At various times the Baos will be running programs where they will teach oriental painting and Chinese calligraphy. They will also host art shows . The Baos intend to open the gallery in June . Their estimated hours will be from 10 : 00 A.M. to 7 : 00 P.M. during the good weather months (i .e . summer and shoulder seasons) and 10 : 30 A.M. to 5 : 00 P.M. in the colder months (i .e . winter and the shoulder months) . The gallery will be open six days a week. Mr. Ralph M. Crossen Building Commissioner February 5, 1999 Page 2 In connection with their purchase of the property and their running of the gallery the Baos intend to improve and clean up the building and yard. They will make minor exterior renovations to the building and paint it . They will clean up the landscaping in the front and back, re-landscaping the land and putting in a new garden. It is the Baos intention to make the property a scenic spot complementing the historic beauty found along Route 6A. It is my understanding that the Pinske Art Gallery was operating- on this property under a Special Permit . I believe the Special Permit is No. 1992-11 . At the time of dictating this letter I do not have a copy of this Special Permit but I will obtain one for your review. I am asking you to confirm that the Baos proposed use of the property will not require the issuance of a new Special Permit since there is no change in use . There is merely a change from a gallery use to a gallery use . If you cannot confirm this position I request that you notify my office as to what steps will be required to allow the Baos to make use of the property as set forth hereinabove . If you have any questions please do not hesitate to call me. Very my your , ohn W. Kenney JWKjwlj cc : Lede and Dian Bao I, Ralph M. Crossen, Building Commissioner for the Town of Barnstable hereby confirm that Lede and Dian Bao can use the property located at 1989 Route 6A, West Barnstable, MA as an art gallery as described in this letter without the necessity of going before the Town of Barnstable Zoning Board of Appeals for any relief . L?7 DATE Ralph M. Crossen, Building Commissioner Town of Barnstable I 12 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-91X-Pinske Appeal Decision of Building Commissioner Summary: Upheld the Building Commissioner Applicant: Barre Pinske Property Address: 19891Route 6A,West Barnstable Assessors Map/Parcel: Map 216,Parcel 038 Area: 1.26 acres Building Area: Art Gallery-6,640 sq.ft. Single-family dwelling-736 sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of 1.26 acres and is located at 1989 Route 6A in the village of West Barnstable. It is improved with a 6,640 sq. ft. art gallery and a 736 sq. ft. single-family dwelling.' The site is located within an RF Residential F Zoning District. In February of 1992, the Board granted a Special Permit(No. 1992-11)for a change of a nonconforming warehouse use to a retail art center on the property. The applicant is appealing the decision of the Building Commissioner as defined in a letter dated June 1, 1998 which states, "Please be advised that you are in violation of your Special Permit(1992-11)from the Zoning Board of Appeals. Specifically, you assured the Board that the garage would be your work space. On numerous occasions,we have witnessed you or your associates doing work outside. Activities witnessed include carving statues, fiberglass work and metal work. You must cease and desist all outdoor artwork to stay in conformance with your Special Permit" The applicant is appealing this decision of the Building Commissioner under the opinion that Special Permit No. 1992-11 does not limit work space to just the garage area. The following is a brief history of events from the issuance of the Special Permit in 1992 to the present situation: June 12, 1991 -OKH approved a Certificate of Appropriateness to allow conversion of an existing warehouse structure to an art gallery. Exterior changes and a sign were approved. January 27, 1992-Site plan found approvable by Site Plan Review Committee with the following conditions: 1. Issuance of a Special Permit from the Zoning Board of Appeals. 2. Acquisition of a Certificate of Compliance from the Old King's Highway Regional Historic Committee. ` 3. Issuance of a curb cut permit from the Massachusetts Department of Public Works, I February 20, 1992-Zoning Board of Appeals granted a Special Permit(No. 1992-11)for change of a nonconforming warehouse use to a retail art center subject to the following conditions: 1. That the petitioner shall receive an approval from the Old King's Highway Committee. According to assessor's records dated 7/21/98 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-91 -Pinske Appeal Decision of Building Commissioner 2. That the petitioner shall receive a curb cut permit from the Massachusetts Department of Public Works. 3. All the work shall be done in accordance with the approved site plan. March 4, 1992-OKH approved a Certificate of Appropriateness to allow the existing cottage to be re- shingled. June 29, 1994-OKH approved a Certificate of Appropriateness for a new sign on the property. May 17, 1995-OKH approved a Certificate of Appropriateness for a new sign to be placed on a"giant mail box"with the condition the existing wall sign be removed. June 1, 1998-Building Division notifies Barre Pinske that he is in violation of Special Permit No. 1992-11 and must cease and desist all outdoor artwork June 12, 1998-The petitioner applies to the office of the Zoning Board of Appeals for an appeal of an administrative official's decision. Both the Health and Building Divisions have received complaints from neighbors concerning the activities taking place on the property. The Barnstable Police Department has received complaints about the noise levels from this site as well. The Board should note that there have been several Notices of Violations issued to the applicant by the Town for sign violations on the property. Due to a complaint from a neighbor on July 14, 1998, alleging Mr. Pinske was working outdoors causing public health violations, the public Health Division (Tom McKean)inspected the property and determined that the carving activity was not a public health hazard to the neighbors. On June 8, 1998 the Barnstable County Department of Health and Environment(BCDHE),with the West Barnstable Fire Department, conducted a technical audit of the property. The BCDHE, in conjunction with local fire and health officials, have been providing non-regulatory compliance assessments/audits to small businesses for about 5 years. They do this to help assure the safe and proper uselmanagement of hazardous materials and/or processes. No major problems were identified during this visit. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on June 12, 1998. A 60-day extension of time to file the decision was executed by the applicant and Board Chairman. A copy of that extension is contained within the file. 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 July 29, 1998, at which time the Board upheld the Building Commissioner. Hearing Summary: Board Members hearing this appeal were Gene Burman, Gail Nightingale, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn. Barre Pinske represented himself before the Board. Mr. Pinske submitted a memorandum in support of this appeal to the file. Chairman Emmett Glynn reported this is an appeal of the Building Commissioner's Decision regarding a violation of Appeal Number 1992-11 in which the Building Commissioner told Mr. Pinske, he"must cease and desist all outdoor artwork to stay in conformance with your Special Permit..." because "...you assured the Board that the garage would be your work space. On numerous occasions, we have witnessed you or your associates doing work outside..." Chairman Glynn reminded everyone that is the only issue that will be discussed this evening. Mr. Pinske addressed the Board stating he believes this violation is, without question, based on a very vague interpretation of his Special Permit Number 1992-11. In reading the Special Permit, in his opinion, it becomes apparent that the statement, "I intend to use the garage area as a work space,"was in 2 r Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-91-Pinske - Appeal Decision of Building Commissioner response to the Board asking about the use of each floor in the building. There was never any indication made that the garage area would be the only work space or that work would not be performed outside the garage area. The use outside the garage was never addressed and therefore can not be regulated. Mr. Pinske reported that everyone at the Zoning Board of Appeals hearing in 1972 was well aware of his intentions. Mr. Pinske said, "making art is not a crime"and he should be allowed to work outside his garage. The Building Commissioner reported this came to his attention through complaints from a neighbor about noise, dust, fiberglass dust and late night activity outside the building. These complaints date back quite a few years but were mostly from 1997 and 1998. After Mr. Crossen reviewed Special Permit 1992-11, he felt the statement, "1 intend to use the garage area as a work space"means he will only work within the garage. After witnessing Mr. Pinske working outside,the Building Commissioner issued Mr. Pinske a citation. Mr. Crossen stressed the citation does not say anything against art, but is about the disturbance and noise generated from his work outdoors. To be in compliance with his Special Permit, the Building Commissioner believes he must work indoors. Board Member Richard Boy reviewed the minutes from the hearing of Appeal Number 1992-11. The minutes refer to where the work will be done, however, there is no specific mention in the findings nor the conditions of the motion that there should be a restriction as to where the work can be done. There are only three restrictions in Appeal Number 1992-11 and the work area is not one of these restrictions. Gail Nightingale reminded the Board that in 1992, the findings and conditions were not always as well defined and not as clearly written as they are now. It has been through experience that the Board now is specific in their findings and motions. She stressed that in the findings of Appeal No. 1992-11, there is a reference to the proposed use and that use is described in the minutes. The Board asked Mr. Pinske if there would be a hardship if he must work indoors. He replied the "hardship"would be trying to determine what is"outdoor artwork"and what is not There would be a question as to what would be allowed and what would not Mr. Pinske stressed he has made efforts in response to the calls from the Building Commissioner and recited all the things he has done-at the request of the Town-to mediate the noise level, such as putting a muffler on the machinery, insulating, sheetrocking, moving the carving area, etc. This was all done to appease one neighbor. The Building Commissioner explained he interprets old Zoning Board of Appeals Decisions differently than the more recent Decisions. He explained his approach. "Level one is where something is specific in a condition." "Level two is when it is in a finding but not a condition." "Level three is where it is mentioned in the decision somewhere, but not in the findings or conditions! and"Level four is where it is in the minutes of the hearing but not mentioned in the decision." In his opinion, "if it was in anyone of those four [levels], it was part of the process that lead to the decision." Chairman Emmett Glynn referred to the report from the Barnstable County Department of Health and the Environment and the letter from Thomas McKean (Health Inspector). Both of these agencies went to the site because of a complaint by a neighbor. Mr. McKean's letter states, "I determined that this carving activity was not a public health hazard to the neighbors." [Mr. Glynn stated he would like that in the record.] Public Comments: Trish Savage, a neighbor, questioned the citation and stated other businesses have outdoor activities. She asked why Mr. Pinske is being singled out because other people are allowed to work outdoors. Sam Barber, an artist and friend, spoke in support of Mr. Pinske's activity and praised the work of Mr. Pinske. Judy Slade spoke on behalf of her mother who is an abutter. She stated that although she admires his work, she felt it should be done in an industrial area. Don Paxton, an abutter who lives diagonally across the street, spoke in support of the Cease and Desist. He stated Mr. Pinske's business has changed over the years and the noise level is unbelievable. This is"not about art-this is about noise." He said the noise can be heard inside his house. Ray Bartlett stated he grew up in this area and spoke in support of Mr. Pinske. He feels the neighbors are complaining because they don't like Mr. Pinske's form of art. Kevin Roland stated Mr. Pinske is sensitive about working outside and creating high levels of noise. He feels he can work through the conflicts with his neighbor and is in support of Mr. 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-91-Pinske Appeal Decision of Building Commissioner Pinske. Rita Paxton spoke in support of the Building Commissioner. She stated the work outside of his house is detrimental to the area and that he is not working in accordance with his Special Permit. She said the noise can be heard inside her home which is 150 feet from the front of his art gallery. Ms. Paxton feels Mr. Pinske should apply for a new Special Permit Janice Collins spoke in support of Mr. Pinske and stated she would be blessed to have him as a neighbor. She feels he should have the right to work outside his gallery. Mark Wirtanen spoke in support of the Building Commissioner's Cease and Desist and signed a petition,which is in the file. Pat Bartlett spoke in support of Mr. Pinske and asked what the term"the garage area"means. Can he work'in and around the garage"and can he work"in the garage with the door open"? Many questions need to be answered. Helen Wirtanen stated she supports the Building Commissioner and signed the petition. Randy Bartlett stated he can sympathize with some of the neighbor's issues but he is concerned with the"vagueness"of the wording in the 1992 Special Permit. He stated he likes to see Mr. Pinske working outside-it is interesting. Kelly Shastaney spoke in support of Mr. Pinske. She stated he does not work outside as much as people say he does. She questioned what is the garage area, does that mean inside or outside the garage, and she felt there should be a compromise. No one else spoke in favor or in opposition to this appeal. For the record, in the file is a letter from Arlene Oppenheim in support of the Cease and Desist Order and a petition signed by 11 people who are in opposition to Mr. Pinske. The Board discussed whether the statement"the garage area will be his[Pinske's]work space."is actually part of the decision and a restriction. Gail Nightingale reminded the Board that this Special Permit was a change of use from a use that was previously done in the building. When the Board allowed that change, Mr. Pinske stated he would work in the garage area. She agreed this is not specifically a condition of the Special Permit but it is included in the minutes. Findings of Fact: At the Hearing of July 29, 1998,the Board unanimously found the following findings of fact as related to Appeal No. 1998-91X: 1. The applicant is Barre Pinske. The property that is the subject of this appeal consists of 1.26 acres and is located at 1989 Route 6A,West Barnstable, MA as shown on Assessor's Map 216, Parcel 038. The applicant is appealing the decision of the Building Commissioner as defined in a letter dated June 1, 1998. 2. The applicant was advised that he was in violation of Special Permit 1992-11 from the Zoning Board of Appeals. At that time,the applicant applied to and petitioned for a Special Permit to change an existing non-conforming warehouse use to another non-conforming use to that of an art center, pursuant to section 4-2.2 of the Zoning Ordinance. 3. In the"Summary of Evidence" in Appeal Number 1992-11, Mr. Pinske was asked about the use of each floor of the building and Mr. Pinske responded that the"garage area will be his work space." 4. At that time, the intent and the spirit of the Board when making their findings, motion, and decision, was that they assumed that area would be his work space-the"garage area" itself. 5. The Building Commissioner was correct in advising Mr. Pinske that he is in violation of his Special Permit. The decision may be flawed but the intent of the Board was that the garage would be the work area. 6. In the decision of Special Permit 1992-11,the Board did not grant any extension of space. They only granted the change from one non-conforming use to another non-conforming use in the same building. 7. In the findings of fact in Special Permit 1992-11,#3 states"the proposed use would not be more detrimental to the neighborhood affected than the existing warehouse use." Decision: Based on the findings of fact, a motion was duly made and seconded to Uphold the Decision of the Building Commissioner in Appeal Number 1998-91X. 4 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-91-Pinske Appeal Decision of Building Commissioner The Vote was as follows: AYE: Richard Boy, Gene:Burman, Gail Nightingale, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None Order: In Appeal Number 1998-91X,the Building Commissioner has been upheld. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20)coys after the date of the filing of this decision. A copy of which must be filed in the office of the To Clerk 111 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 19.Wunder the mains and penalties of perjury. Linda Hutchenrider,Town Clerk 5 f . . °� The Town of Barnstable : MRMAWZ, • MAW Department of Health Safety and Environmental Services ' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner June 1, 1998 Barre Pinske 1989 Route 6A West Barnstable,MA 02668 Dear Mr.Pinske: Please be advised that you are in violation of your special permit(1992-11)from the Zoning Board of Appeals. Specifically,you assured the Board that the garage would be your work space. On numerous occasions, we have witnessed you or your associates doing work outside. Activities witnessed include carving statues, fiberglass work,and metal work. You must cease and desist all outdoor artwork to stay in conformance with your special permit. You have the right to appeal this decision or seek a modification to your special permit from the Zoning • Board of Appeals. If you decide on either of the above,we will be more than happy to assist you. Sincerely, Ralph M.Crossen Building Commissioner RMC/km CERTIFIED MAIL P 339 592 425 R.R.R. l Town of Barnstable..,- Zoning Board of Appeals Special Permit Decision and Notice Pet i t i_on 0 1 992- 1 1 Petitioner: Barre Pinske Summary of Relief Sought: At a regularly scheduled hearing of the Zoning Board of Appeals, held on February 20, 1992, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant to Massachusetts General Laws Chapter 40A, the petitioner, Barre Pinske, has appealed to the Zoning Board of Appeals and petitioned for a Special Permit, to change an existing non-conforming warehouse use to another non-conforming use that of an art center, pursuant to Section 4-2. 2 of the Zoning Ordinance. The applicant's site is shown on Assessor's Map/Parcel Number 216/38, more commonly addressed as 1989 Route 6A , West Barnstable, MA and is zoned RF Residential District. The following Board members heard this petition: Gail Nightingale, Betty Nilsson, Luke Lally, Gene Burman and Chairman Bliss. Summary of Evidence: The petitioner, Barre Pinske, presented his petition before the Board. Mr Pinske discussed the history of the project and stated that a Site Plan was approved for this proposal by the Site plan Review Committee. Mr. Pinske also stated that he appeared before the Old King's Highway District Committee (OKH) . The OKH granted him an informal approval for the proposed changes to the building. Mr. Barre Pinske stated that some alterations were done to the original Plan that had been approved by the OKH. Mr Barre Pinske also stated that he will be appearing before the OKH next week. Mr Pinske further stated that he will apply for a curb cut permit to the State DPW after obtaining a Special Permit from the Board. The Board questioned the hours of the art center operation and Mr. Pinske stated that normally an art gallery business is seasonal . It is not like a normal business. with posted hours. He owned a Gallery on Route 6A in East Sandwich and had formal business hours from 9 - 6. I The Board discussed the parking area and reviewed the Plans . Mr. Pinske stated that he intends to utilize stone retaining walls and landscaping in the parking area. The Board discussed the runoff from the locus onto Route 6A and property to the .north. The Board reviewed the Plan and the., 1 n. o��. f rai rah F+a�,;ns Mr, __P_i nskP.. stated .that a 1 1 the storm water run-off will be retained on the property. The Board questioned the applicant regarding legality of the existing non-conforming use. Mr. Pinske provided the Board with a copy of the Assessors's Field Card, dated 1989, indicating the use of the building as a warehouse within the past five years. The Board asked the applicant about the us.e. of each floor of the building. Mr. Pinske responded that the garage area will be his work space, the lower level will house his personal work and the upper level will be used to display other artists works that he will be marketing. The Board questioned the proposed lighting on the site. Mr. Pinske responded that he will build the lights in a way so that they will not reflect light to the side properties. Mr. Pinske explained that the lights will provide a full - moon affect in order to provide safety in the parking area. Mr. Pinske summed up his presentation by saying that he has worked very hard on this project and hopes that the Board wi l l find in favor -of his project. t The following people made comments regarding this petition: Mrs. Messer, who has resided in the area for 25 years, commented on the noise that emanated from. the building with its former use as warehouse. She also spoke on behalf of her next door neighbor, Ms. Corsa. She and her neighbor are in favor of this petition. Andrew Ojala spoke in favor of the proposed use. Mr. & Mrs. Paxton, close abutters, spoke in support of the petition and hoped that the Board will grant approval to Mr. .Pinske. Helen Wirtanen stated that she is not really speaking in favor or against but commented that the existing building is an eyesore and anything would be an improvement. Melody Ojala spoke in favor of the petition. Mr. Joseph Daluz, the Town of Barnstable Building Commissioner, commented that a Site Plan was approved for this site, with three conditions as enumerated in a letter to the Board. Finding of Facts: At the meeting of the Zoning Board of Appeals held on February, 20, 1992, the Board made the following finding of facts as related to Application ## 1992- 11 : 1 . That the petitioner has received a site plan approval in accordance with Section 5-3.3(2) (C) of the Zoning Ordinance, with three conditions. 2. It has been established that there has been a non- conforming use on the premises within the past five years . 3. The proposed use would not be more detrimental to the neighborhood affected than the existing warehouse use. 4. The proposed change is from one non-conforming use to another non-conforming use. The vote was as follow: AYES: BURMAN, NILSSON, NIGHTINGALE, LALLY, BLISS Decision: Based upon the positive findings, a motion was duly made and seconded, the Board voted to grant the petitioner ,a Special Permit for change of non-conforming warehouse use to retail art center subject to following conditions : 1 . That the petitioner shall receive an approval from the Old King's Highway Committee. 2. That the petitioner shall receive a curb cut permit from the Massachusetts Department of Public Works . 3 . All the work shall be done in accordance with the approved site plan. The vote was as follow: AYES; BURMAN, NILSSON, LALLY, NIGHTINGALE , BLISS THE PETITION IS GRANTED WITH CONDITIONS. Ary pe=3:.n ago==e're= by this dec_s=o- nay appeal to the Ea=scab:e S• ____ �,�- =.s desc_�.be_ i= Sec__on I7 of C::a,ce= 40 a_ the ce=e==1 La:.s of C e r:.Co=o :a_lth Of ��ssaL='_set=srby b�=- ac==0. C.:aazy d vys afzar the de=4-ica has been f''s= L the office of the Town Clerk. T., ,; ,,,F (. I Clark of the Tow.Z of Bar--stable, Bar cable CouncJ, I_.--ssacausetcs, hereby carr+fy .that t-.:2at,- (20) days have elapsed s-ca the Board of Anneals rendered its dec_siau in the above entitled petic-an and that no appeal of said decision has been files i:: the office of the Touma Clerk. Signed and Sealed this "a day Of /91 4Ar_/* 19 y.? under t`e pis and.penalt'_es of perjury. Disc__but_en: � J , Tac.:. Cler To,.:-., Clerk AODl:=mmt Persc:s Incerascad Inspec=cr Eca_: of Aooeal_ "ARNSTABLE.CLERK - OF BARNSTABLE '82 APR 22 PM 1 12 Zoning Board of Appeals Matthew H. & Joanne A. Cava l l i n i Deed duly recorded in the Property .Owner County Registry of Deeds in Book Same-as above Page _ registry ► . Petitioner District of the Land Court Certificate No. Book Page Appeal No. 1982-10 April 1 20 1982 FACTS and DECISION Petitioner Matthew H. E Joanne A. Caval l ini filed petition on U12- Y.acY LO 1982 , requesting a variance-permit for premises at _3 9-ROU19- iA in the village (Sheol) of West Barnstable adjoining premises of (see attached list) Locus under consideration: Barnstable Assessor's Map no. lot no. —38 Petition for Special Permit: Application for Variance: ❑ made under Sec. P- A_ (4- 6).---- of the Town of Barnstable Zoning by-laws and Sec. 6 of Chapter 40A., Mass. Gen. Laws for the purpose of _&flaD.aP.._of unn- on f rm i ng-wa rabol k e c ro"q_ Locus is presently zoned in Reside _F zoo i nq d i s t^r i ct 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 Town Office Building, Hyannis, Mass., at _ _A*00 14X x P.M. FebLuPLCy,_25.--- 1982 upon said petition under zoning by-laws. Present at the hearing were the following members: Richard L. Boy Gail Nightingale George Zeyitas Chairman r the conclusion of the hearing, the Board took said petition un,-..:' advisement. A view of the as made by the Board. . Appeal Now 82-10 Page .r? of 3 On Apri 1 8 19 82 , The Board of Appeals found Attorney Stephen C. Jones represented the petitioners who are the owners of a non-conforming storage warehouse at 1989 Main St. (Rte. 6A) -West Barnstable in a residence F zoning district. The locus has been known as the Barker-Chadsey building and prior to its warehouse use was a wholesale marine supply store with some retail sales. The petitioners purchased this property in 1977 and now seek a .special permit to allow three retail stores in this structure as shown on the plan submitted with the filing. Mr. Jones said that the building is in a state of disrepair and the petitioners would landscape and upgrade the property so that It would be asset to the neighborhood. The building was originally used as a gas station and car repair shop. Mattresses are now stored in this building for a store which Mr. Cavallini operates in Hyannis. The 1pcus comprises 1 .2 acres of land and on-site parking for 30 to 50 cars would be provided in the rear portion of the lot. There would be one entrance and exit onto route 6A. Mr. Jones said the Boards consideration should be based on whether or not the pro- posed use would be substantially more detrimental to the neighborhood than the existing use. There are now large trucks going in and out of the, property in conjunction with its use for mattress storage and the proposed use with upgrading and renovating of the building and landscaping would be less detrimental than the existing use. The petitioners are not asking to have two or more uses differing in use since all of the shops would be retail stores. No one spoke in favor of. the petition and speaking in objection was Atty. Daniel J. Mullen representing Martha Ojala, abutter to the locus. Mr. Mullen said that Barker-Chadsey used the warehouse as a marine hardware distribution center prior to their move to Rhode. 1sland. The present use of the property is run on a business day basis and a shopping center use would extend the hours of operation and create additional traffic. The Ojala's operate a restaurant next door during the summer months and are usually open for lunch only. Due to the topography of the land, it would be necessary to have terraced parking in the rear and the use would be increased from a passive one to an active business use. Mr. Mullen said that the Board should not grant the special permit in view of the Wirtanen case regarding two or more uses differing in use. Lucy Messer spoke in objection and said that she did not want to see stores going in across the street. Martin Wirtanen spoke in objection and said there would be multiple uses at the site with an increase I , Clerk of the Town of Barnstable, Barnstable (cont.) County, Massachusetts, hereby certify that twenty (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 day of _ 19 under the pains and penalties of perjury. Distribution:— Property Owner Town .Clerk Board of Appeals Applicant Town of Barnstable Persons interested Building Inspector J // Public.Information -By------. Board of Appeals Chalf n f BOARD OF APPEALS „TLU } , ~` d Appeal No. 1982-10 Page 3 of 3 in traffic. Arne Ojala said that the clay nature of the soil in this are would cause runoff water from the locus to flow onto route 6A and also to the property . to the North. Arthur Harper spoke in objection based on' the increase in traffic congestion that would result from the proposed use. In rebuttal , Mr. Jones said the Board's permit could be conditioned on the number of parking spaces they felt would be required for the three stores and the Board of Health regulations would- be imposed on this project. The present warehouse use could be increased, by right, which would be more objectionable than the proposed use. The petitioners would provide three shops with perhaps a bakery -and other -types of stores that would provide an amenity to the neighborhood. The Chairman advised that the Board would view the premises, the matter was taken under advisement and the hearing closed. The Board voted unanimously to allow the petitioner- a special permit for a change of an existing warehouse use to retail stores and found that this change of use would be in keeping with the spirit and intent of the zoning by-laws inasmuch as this site which is now in a state of disrepair would be upgraded and landscaped. The Board found that the change of use from a warehouse to small retail stores would not be substantially more detrimental than the existing use and the following restrictions are imposed on the special permit: 1 . All construction, parking spaces,and landscaping shall be in accordance with the plans submitted and cited as follows: "Perspective View - Proposed Renovation, Route 6A, Barnstable, Mass." "Landscape and Site Plan - Prepared by Catherine Wilkie - April , 1982". 2% Outside 'fighting shall be' subdued, shall not reflect on abutting residential property or on route 6A, and shall not exceed 15 ft. in height. 3. There shall be three (3) retail shops only. 4. Hours of operation shall be from 8:00 a.m. to 10:00 p.m. Monday through Saturday with no business operation permitted on Sundays.