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Kingsbury Ma.zrnagcmcnni, Inc. 20 NORTH MAIN STREET SOUTH YARMOUTH, MA 02664-3143 TEL: (508) 398-2293 • (800) 822-3422 • FAX: (508) February 3, 2016 Mr. Mark Grylls, Building Commissioner Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 RE: Harbor Houses, West Yarmouth Dear Mark, RECEIVED FEB 05 2016 BUILDING DEPARTMENT Bv: This letter is in response to a comment made by a neighbor that stated at some point there was possible overcrowding during the 2015 season. If you go to www.capecodharborhouses.com you will see four homes listed on the home page and immediately under each home and accompanying picture of the home is a description such as "3 bedrooms - 3 baths" if you click on "more" there is a complete list of amenities including the bedding in each bedroom. As far as parking, each home can accommodate four passenger vehicles on site. Upon check - in, guests are reminded that here will be no on -street parking. Management is available to respond to concerns of our neighbors, visitors, town officials and police and fire 7am-10pm during the season. Our number is 508-760-9256 in an emergency 10pm — 7am call 508-398-2293. Sincerely,, Witt P. Davenport ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpieoe, or on the front If space permits. 1. Article Addressed to: 62cEn/ HnRz�e v�ci.�E Gt� �® Nof2Tif HAyiV 57 Er �$.qa N yAOVOU�, A17N .�Nii 7T �L6nJlcb2 T ai$iGS� A Signa re X ❑ Agent ❑ Addre B. Received by (Printed Name) C. Date of Deli D. Is delivery address differentfrom Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type afCertified Mar ❑ Priority Mail &press- ❑ Registered IARetum Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 2120 0004 1910 0420 (rmsferfrom service label) Psfbrin 3811, July 2013 Domestic Return Receipt UNITED STATES POSTAL SERVICE I ) I II ( PostagePS S First-Class Fees G 10 Paid • Sender: Please print your name, address, and ZIP+4® in this box• 'r _S Town OtYafITi011C1 cm= :� Building Dept. i c + II 1146 Route 28 l South Yarmoulh,MA 02664 9 � I 's i NOTICE OF VIOLATION January 13, 2015 Green Harbor Village LTD. 20 North Main St. So. Yarmouth 02664 Attn: Dewitt P. Davenport RE: Green Harbor Resort 182 Baxter Ave. W.Yarmouth, MA 02673 8, 24, 42 Harbor Rd Dear Mr. Davenport, It has come to my attention that your Green Harbor Resort is the "rental agency" for and provides resort amenities to properties owned or controlled by you at 8, 24, and 42 Harbor Road. Advertisements obtained by my office affirm this ongoing situation. These activities are not only an unlawful expansion of a non -conforming status but they are also in direct contravention of Judge Muse's decision in Davenport v. Reid et al 05-372, which was affirmed by the Massachusetts Appeals Court, 2008-P-683. Consider this a Notice to Cease and Desist the unlawful activities described above. The failure of Green Harbor Resort to comply with this notice immediately shall result in a request to Town Counsel to initiate a contempt action in Barnstable Superior Court and an order for injunctive relief. If you or your attorneys have any questions, please don't hesitate to contact my office. Very Truly Yours, Mark Grylls CBO Director of Inspectional Services / Building Commissioner Town of Yarmouth 508-398-2231 x 1260 C; Bruce Gilmore, Town Counsel, File CERTIFIED MAIL: 7013 3020 0001 9180 9015 ZISSON & VEARA, P.0 ATTORNEYS AT LAW 828 MAIN STREET DENNIS, MASSACHUSETTS 02638 TELEPHONE (508) 385-6031 FAX (508) 385-6914 MAILING ADDRESS: P.O. BOX 2031, DENNIS, MA 02638-0043 E. JAMES VEARA PAUL V. BENATTI CHRISTOPHER A. VEARA Via Email and First Class Mail Mark Grylls Building Commissioner 1146 Route 28 South Yarmouth, MA 02664 Re: Green Harbor Resort, 182 Baxter Avenue Dear Mr. Grylls: RECEIVED APR 2 3 2015 BUILDING DEPARTMENT By -- RICHARD L. ZISSON (1942-2006) EDWARD E. VEARA RETIRED April 21, 2015 Recently, you asked for a response to the various objections that Linda Bolliger raised in her April 7, 2015 letter which, itself, had followed your own concerns about the 8, 24, and 42/46 Harbor Avenue properties. I am writing now to comply with your request. In her letter, Ms. Bolliger ascribes property ownership to the same "DeWitt Davenport P TR," but that contention is inaccurate. The cited assessor notation is somewhat misleading. First of all, 8 Harbor Road is not owned by a trust. That property is held by the Green Harbor Village Limited Partnership, and its most recent deed can be found at Pages 71 through 73 of Book 10972 of the Registry of Deeds of the County of Barnstable. The 24 Harbor Road property is owned by DeWitt P. Davenport and George C. Baldwin, Jr., as trustees of the South Yarmouth Nominee Trust. Their ownership is reflected in the Land Court's Certificate of Title, Number 160126. On the other hand, the 42/46 Harbor Road property is owned by DeWitt P. Davenport and John C. Davenport, as the trustees of the Route 28 Realty Trust. Their ownership is given in the Land Court's Certificate of Title, Number 173604. In other words, these three properties have different owners. Moreover, as you know, trusts, even when there is some interrelationship, can and do have different beneficiaries, different allocations of interests, and different trustees. Ms. Bolliger criticizes a group of affiliated resorts for allowing shared facilities. In that regard, I need to refer you to the enclosed pages I printed from www.cgpecodharborhouses.com. The descriptions for these single-family homes explain that renters will have access to Red Jacket Resort amenities. If you go to www.rediacketresorts.com and click on "Select a Resort," you will fmd listings for Fox Ridge Resort, Red Jacket Mountain View, Blue Rock Resort, Blue Water Resort, Green Harbor Resort, Red Jacket Beach Resort, and Riviera Beach Resort. Although the first two resorts are located in New Hampshire, the other four resorts are all sited within the Town of ZISSON & VEARA, P.C. Mr. Mark Grylls April 21, 2015 Page 2 Yarmouth. Harbor House renters, therefore, gain access to the amenities at multiple resorts, and nothing creates a special relationship with just one of them. Ms. Bolliger seems to deride the use of reciprocal privileges or shared amenities to enrich the offerings to guests staying at a single resort. These arrangements, however, clearly provide a competitive advantage, and they are becoming increasingly common. Because so many Cape accommodations are entirely independent, the opportunity for mutually beneficial exchanges is rather constricted. They are common features in other resort areas. Indeed, some local tourist businesses, either through an exchange or for a payment, allow their facilities to be used by other parties. The Breakers Resort, for example, enables neighborhood residents to use its private beach by selling memberships in its club. Ms. Bolliger refers to a Green Harbor map that shows the three Harbor Houses with unit numbers which have not been used in years. What I discovered was that a desk clerk was asked to give directions to the Harbor Houses. He photocopied an old map and, from time to time, handed out the copies. He was just trying to be helpful; he knew nothing about the court ruling. In any case, that practice was stopped as soon as it was learned about. The brochure language, moreover, was changed to reflect the new realities. In their decisions, the Superior Court and the Appeals Court cited several arrangements or practices that connected the Harbor Houses to Green Harbor. Ms. Bolliger, too, alluded to some of them, and I will address them in turn. (1) Register, check out, and receive keys at Green Harbor. Ten days before their arrival, Harbor House renters receive a packet of information. In that packet, they will be given road directions, among other matters, and they will see a statement that, when they leave the Mid -Cape Highway at Exit 7, they should call so they can be met at the House with keys and information about current activities and events they might enjoy. Because the reservation system will already have the appropriate credit card and personal information, a formal check in is not necessary, and departing guests leave their keys in the House. (2) Receive information, guest services, maid service, linens, and toiletries from Green Harbor. These services are furnished at the Harbor Houses. The most contentious arrangement - maid service — has been completely revamped. The Harbor Houses contract with a group of area women to clean the premises. (3) Use the beach and amenities at Green Harbor. This issue was previously discussed. I should add that the only amenities besides the beach is an outdoor pool. I cannot say they foment the presence of additional throngs. (4) Have Green Harbor unit numbering and operational seasons. Unit numbers for the Houses were eliminated years ago. Regarding the second point, the operating seasons, although not identical, remain similar, but after all, that statement applies to virtually every ZISSON & VEARA, P.C. Mr. Mark Grylls April 21, 2015 Page 3 resort on Cape Cod. There is little call, after all, for the same tourist lodging in February as in July. (5) Marketed and rented exclusively by Green Harbor. That, too, has changed. The Houses are not rented by Green Harbor. Through a contractual arrangement, the Harbor Houses are rented through Kingsbury Management. As far as rMrketing goes, the Harbor House website is www.cgpecodharborhouses.com, and the telephone number for reservations is (508) 760-9256. On the other hand, the website for the Green Harbor Resort is www.redjacketresorts.com/areen-harbor-resort, and its number for reservations is (800) 227- 3263. The website and the current brochures for Green Harbor do not mention the Harbor Houses, and the website and current brochures for the Harbor Houses do not mention the Green Harbor Resort. The cross-reference to the Red Jacket Resorts was previously explained, and it mirrors this statement in the Green Harbor website's description for amenities: As a guest at Green Harbor Resort, you're free to use the amenities at any of our Red Jacket Resort properties. You'll be able to enjoy four private beaches, par 3 golf, a full -service spa, day and evening entertainment, and daily Kids Club activities. Consequently, as matters stand now, the Green Harbor Resort and the Harbor Houses are separately owned, separately operated, separately serviced, separately marketed, and separately rented. In view of those revised circumstances, I must submit that these properties do not violate Yarmouth's zoning bylaws. You were, indeed, correct to rescind your Notice of Violation. I believe I have addressed all of the issues, characteristics, and objections that were raised. If I missed anything or if you need more information, please feel free to contact me. Cor 'ally, E. James Veara EJV/lmw Ec: DeWitt Davenport (via email only) M 1146 Route 28z;56�iaTi Yarmoath, MA 02664 508-398-2231'ext.-126! ax"508-398-0836 Office of the.BnUdin2Xoinmissioner March 10, 2015 Green Harbor Village LTD. 20 North Main St. So. Yarmouth 02664 Attn: Dewitt P. Davenport RE: Green Harbor Resort 182 Baxter Ave. W.Yarmouth, MA 02673 8, 24, 42 Harbor Rd Dear Mr. Davenport, Thank you for meeting with Town Counsel and me on February 10, 2015. While meeting with you and your attorney Paul Tardif, I made a request that you or your attorney provide a written response to the Notice of Violation sent by this office on January 13, 2015. As discussed, the separation of the single family dwellings from the pre-existing / non conforming motel use was not clear based on advertisements obtained from Green Harbor Resort. It appears that advertisements from the motel referenced the rental of the homes. I see that those references have now been removed. It would appear that the advertisement "connection" has been removed, aside from a website link to the hotel located on the capecodharborhouses.com website. Based on your response and the research I have conducted, it appears as though the separation may now exist in terns of advertisement. The separation of use, is not apparent and cannot be fully determined based on the information I have before me at this time. It appears, that the conditions of the original court order have been met and no further action is being considered by this department at this time. If you or your attorneys have any questions, please don't hesitate to contact my office. V ry Truly rs, Mark Grylls CB Director of Inspectional Services / Building Commissioner Town of Yarmouth 508-398-2231 x 1260 C; Bruce Gilmore, Town Counsel, File CERTIFIED MAIL: 7014 2120 0004 1910 0420 0� YAR i V - Permit � - 3 0� _y :VFee� ..0 emnt expires 6 months from MATTA n issue date. EXPRESS BUILDING PERMIT APPLICATION TOWN OF YARMOUTH Yarmouth Building Department 1146 Route 28 South Yarmouth, MA 02664 (508) 398-2231 Ext. 1261 CONSTRUCTION ADDRESS: ASSESSOR'S INFORMATION: C� Map: Parcel: OWNER:, )aA,.4 tCcn-� -`ciftt ❑ Residential omm=ial ❑ Est. Cost of Construction $ ./ 1 i0,0 C®, 0y Home Improvement Contractor Lic. # iJ O i7 Construction Supervisor Lie. # Workman's Compensation Insurance: (check one) ❑ I am the homeowner ❑ 1 am the sole proprietor ❑ I have Worker's Compensation Insurance Insurance Company Name: lt"il� Worker's Comp. Policy# h J) 13 - tt LlY L 4vV C `4Y WORK TO BE PERFORMED ❑ Tent (Fire Retardant Certificate attached) ❑ Wood Stove Shed ❑ Siding: # of Square ❑ Replacement windows: # ❑ Replacement doors: # 21Re-mof: # of Squares Stripping old shingles* *The debris will be disposed of at. ❑ Insulation () going over layers of existing roof ❑ Old Kings HighwayMstoric District RoofinglSiding (lake for Like) Location I declare under penalties of perjury that the statements herein contained are true and correct to the best of my knowledge and belief I understand that any false answer(s) will be just cause for denial or revocation of my license and forprosecution under M.G.L Ch. 268, Section 1. Applicant's Signatm: _ (A-) ! �_ _ yGLI�.�% Date: !L� / 7 / /y Owners Signature (or attachment) " K p ,� S Date: `ry y' Z % y Approved By: Data: Building Official (or designee) Zoning District: a.s ^ Historical District: ❑ Yes )k No Flood Plain Zone: JNYes ❑ N Water Resource Protection District Within 100 it of Wetlands: ❑ Yes )(7 No Yes ❑ - No L t n� APR 17 3/01 The Commonwealth of Massachusetts Department oflndustrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le¢ibIv Name (i3usiness/Orl;anization/Individual): ( A) .t .t..R- Address: City/State/Zip: v Phone #: Ci- of ) i 6 u— a0 q/ Are you an employerYCheck the appropriate boa: 1. ❑ I am a employer with 4. ❑ I am a general contractor and I empl ees (frill and/or part-time).* have hired the sub -contractors 2. am a sole proprietor or partner- listed on the attached sheet. ship and have no employees These sub -contractors have working for me in any capacity. employees and have workers' [No workers' comp. insurance comp. insurance.t 5. ❑ We are a corporation and its required.] 3. ❑ I am a homeowner doing all work officers have exercised their myself. [No workers' comp. right of exemption per MGL insurance required.] t c. 152, § 1(4), and we have no employees. [No workers' corric. insurance required.l Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10.❑ Electrical repairs or additions 1 LF] Plumbing repairs or additions 12. oof repairs 13.❑ Other_ *Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy infommtion. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box most attached an additional sheet showing the name of the subcontractors and state whether or not those entities have employees. If the subcontractors have employees, they must ptovide their workers' comp. policy number. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy # or Self-ins. �Lic. #: 6 td o f 3 6� q i//. 4.6 "�' / j Expiration Date:D Job Site Address:C7 Vw_- tt 4&jln IS)_ 13OA2% /0-� t1'�City/State/Zip: ►n Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. r96 ..- use City or Town: area, to or town official Permit/License Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone NOTICE TO EMPLOYEES NOTICE TO EMPLOYEES The Commonwealth of Massachusetts DEPARTMENT OF INDUSTRIAL ACCIDENTS 600 Washington Street, Boston, Massachusetts 02111 617-727-4900 — http://www.mass.gov/dia As required by Massachusetts General Law, Chapter 152, Sections 21, 22 & 30, this will give you notice that I (we) have provided for payment to our inured employees under the above mentioned chapter by insuring with: THE TRAVELERS INSURANCE COMPANIES NAME OF INSURANCE COMPANY P.O. BOX 1450 MIDDLEBORO, MA 02344-1450 ADDRESS OF INSURANCE COMPANY (CHUB-5B44640-7-13) 06-13-13 TO 06-13-14 POLICY NUMBER EFFECTIVE DATES EDWARD J MCGRATH INS AGC PO BOX 1003 DENNIS MA 02638 NAME OF INSURANCE AGENT ADDRESS PHONE # DOWNEY, WAYNE B DBA HOME 9 WHITE LANE EXTERIOR SPECIALISTS SOUTH DENNIS MA 02660 EMPLOYER ADDRESS EMPLOYER'S WORKERS COMPENSATION OFFICER (IF ANY) MEDICAL TREATMENT �� The above named insurer is required in cases of personal injuries arising out of and in the course of employment to furnish adequate and reasonable hospital and medical services in accordance with the provisions of the Workers' Compensation Act. A copy of the First Report of Injury must be given to the injured employee. The employee may select his or her own physician. The reasonable cost of the services provided by the treating physician will be paid by the insurer, if the treatment is necessary and reasonably connected to the work related injury. In cases requiring hospital attention, employees are hereby notified that the insurer has arranged for such attention at the #" NAK413`G "OSPITAL {' ADDRESS .064748 W20PIG02 . ; . TO BE POSTED BY EMPLOYER Office of Consumer Affairs & Business Regulation - Mass.Gov Page 1 of 1 The Official Website of the Office of Consumer Affairs & Business Regulation (OCABR) Consumer Affairs and Business Regulation .3 Home Consumer Rights and Resources Home Improvement Contracting Home Improvement Contractor Registration Lookup You can search/filter the registration list by any of the criteria below. Search by Registration Number 1150108 Search Search by Registrant Name Search by City Zip Code Search Registrants Click on the registration number to view complaint history. You can also view arbitration and Guaranty Fund history. The list is current as of Wednesday, April 16, 2014. Search Results REGISTRANT RESPONSIBLE REGISTRATION NAME INDIVIDUAL NUMBER WAYNE B DOWNEY DOWNEY, WAYNE 150108 SIDING SPECIALIST ADDRESS P.O. BOX 23 SO YARMOUTH, MA 02664 EXPIRATION STATUS DATE 03/07/2016 Current http://services.oca.state.ma.us/hic/licenseelist.aspx 4/17/2014 t Massachusetts - Department of Public Safety Board of Building Regulations and Standards Construction Supenitor Specialh License: CSSL-098855 1 WAYNE B DOWNJEY '_ PO BOX 23 S.YARMOUTH MA 0 ` J.4- Expiration Commissioner 06/02/2015 of r TOWN OF YARMOUTH Building Department BUILDING _ _ _ _ _ _ _ _ _ _ , (508) 398-2231 ext.1261 PERMIT NO B-13-1525- PERMIT PERMIT ISSUE DATE ;__----13__ PROPOSE ___-_____, APPLICANT 'Dewitt Davenport _ _ - - ----------- --------- - - - - - - - - JOB WEATHER CARD PERMITTO Wsc./handicapram( AT (LOCATION) 10182BAxTER AVE ZONING DISTRICT R-25 Bldg. Type: Commercial SUBDIVISION MAP LOT BLOCK 021.3 LOT SIZE BUILDING IS TO BE: construct handrails on ramp per 521 CMR AAB Standards Section 24. REMARKS AREA (SO FT) EST COST ($ $1,100.00 PERMIT FEE ($) 1$100.00 OWNER IGREEN HARBOR VILLAGE LTD PART BUILDING DEPT BY ADDRESS 0182BAXTER AVE West Yarmouth I MA 102673 USE CONTRACTOR LICENSE 012060 20 North Main Street South Yarmouth MA 02664 5083982293 PHONE 15086485430 INSPECTION RECORD FIELD COPY Date o, Note Progress - Corrections and Remarks I I or pec i/-ZS--/3 _�,Al, � / -- oc r TOWN OF YARMOUTH Building Department BUILDING - - - _ _ - _ --0- (508) 398-2231 ext.261 '- PERMIT NO 9-831_ �_FB� .__-_--- C��A PERMIT ISSUE DATE : 2/25/2009 PROPOSED USE e _ APPLICANT _Lawrence Demers OB WEATHER CARD PERMIT TO Alterations AT (LOCATION) I ZONING DISTRICT R-25 Bldg. Type: Commercial 10182BA>CrER AVE SUBDIVISION MAP LOT BLOCK LOT SIZE BUILDING IS TO BE: CONSTTYPE= USEGROUPFU replacement of ewsbng bulkhead as per plans submitted 02120/09. REMARKS AREA (SO FT) EST COST ($) $95,068.00 PERMIT FEE ($) $250.00 OWNER IGREEN HARBOR VILLAGE LTD PART BUILDING DEPT BY ADDRESS 20 North Main Street South Yarmouth I MA 102664 INSPECTION RECORD CONTRACTOR LICENSE 092954 Demers, Lawrence 919 Old Bass River Road Dennis MA 02638 5087784711 PHONE 15083675552 FIELD COPY Date I I Note Progress - Corrections and Remark I Inspector 0 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID J DATE(MM/DDNYYY) DAVEN-1 01 22 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Addis Group, Inc. 2500 Renaissance Blvd. Ste 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. King of Prussia PA 19406-2772 Phone:610-279-8550 Fax:610-279-8543 INSURERS AFFORDING COVERAGE Al III INSURED INSURER A. American Zurich xnsuranee c. 40142 INSURER Zurich American Eaeurance m. 16535 ,�N G gea Harbor Village L.P. '}�' c o Davenport Realty Trust j),BBW`" S ephen Aschettino {J INSURERC INSURER D. 20 North Main St. r South Yarmouth, MA 02664 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MWDD CY PDATE (MMI D LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 741OCCUR GLO8196255 03/01/09 03/01/10 EACH OCCURRENCE $1,000,000 TEO PREMISES(Eaocwrence) $500,000 MED EXP(Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY D PRO-LOC JECT PRODUCTS-COMP/OP AGG $1,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNEDAUTOS 250 Comp BAPS196256 03/01/09 03/01/10 COMBINED LE LIMIT (Ea aoatlenU (Ea $1 000,000 � X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ X 500 Coll GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY. AGG $ S EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ S $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED' If yes, desmbe under SPECIAL PROVISIONS below WC8196036 03/01/09 03/01/10 X TORYLIMITS I I ER E L. EACH ACCIDENT $1,0001000 E.L DISEASE - EA EMPLOYEE $ 1, 000, 000 E.L. DISEASE -POLICY LIMIT I $1, 000, 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS VCR I IrIHN IC nut) umm Town of Yarmouth Building Inspector's Office 1146 Route 28 S. Yarmouth, MA 02664 YARMO-3 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR oy•vq� BUILDING PERMIT APPLICATION Q APPLICATION TO CONSTRUCT REPAIR RENOVATE CHANGE T 0 _ G OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FA y Town of Yarmouth Building Department N M TRCXEES 1146 Route 28 -Yarmouth, MA 02664 4492 Tel: (508) 398-2231 x261 - Fax: (508) 398-0836 1R- jtIG,L �� FEB 2 OZ009 Office Use Only Planning Board Information Permit No -j to �I�Type "Assessors Department Informs Inn- r tikjp Permit Fee $a� Endorsement Date Recording Date ,„L( w New tv" Deposit Rec'd. $ )5'60 Date' Plan No. 1.4 Property Dimensions: Net Due $ / Other - Lot Area (sf) Frontage(11) Lot Coverage ': � � � ,t �':w � 'hisrSecodl�or E7Jite�iJSe•On ' t, � , .� .� ,;.. ^ ���� V' ui i� a ' x '£rti�Caf�afpan� 5� r - e - ,. - r vcc;uva;„�,a., — JEtc_It IlV IIFItiIIVR' 1.1 Property Address: 1.2 Zoning (Information: /S'ai 6.ik14,- Ayv. u, 5 (lesf yy/Iha/a d_ Rzo - exe 93 Zoning District Proposed Use 1- 1.3 Building setbacks (tt) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1A Water Supply (M.G.L c. 40. S 54) ] 6 Food Zorle.lnlonoation -- --cdon", Public Private. zone:-- BFE =. 2.n�l 11 Owner at Record: Name (pdn �',tae R aLti�!) fag-3G7-5tis. Signature - Telephone (print) 3 rJ5' 775� Y 7 Telephone- Licensed d� Mailing Ad 5` Y- Telephone Mailing Sat Fax FEB 2 5 Not Applicable ❑ 9/g D/i/ �4sf /�/dGr %2aael •I>PHN7s !JZ&. _ G7635/ License Number Address�//�, f/ G S' 9 5 '� �r-[ar 3 O p - %%f- 'y 71J Expiration Data Signature Telephone- 0"73 1 of OVER I Company Name gaelr /0-" D e-jo ep s Address 9,3" 6- j fZaQa% i,/osf ionature Telephone Not Applicable Registration I Expiration Dat y1 �5ectioli4iNorFiers Gptnpaiisatitii%tnsuraneeRffldaYft=,fNt�t c,t5a�5',tbt= Insurance affidavit must be completed and submitted with this -application. -Failure Workers Compensation 3o,p-r6vide this affidavit will result i - he denial of the issuance of the building permit. Signed Affidavit Attached Yes ........ No .......... Ptofesslarial_ fJestgn:af5c7'ConstitictionServics"=fob BuiCcling's_ anii StriietursS:ubject': Seett" n 5.= gGp IMP ani3o 780 CIiAR 11 s (containing more t an 300 0'e f: o erfctose space} Seetbt� �;��tiiegisWMKRifi%l(eCiitect - - - Not Applicable_Q Name (Registrant[: -_ Registra$onwumber - Address Expiration Date Signature - - Telephone - - Sectilq�s=S��FCe -- §'fared="Professionat`Eragineerts) Frlli� neerFn.R ")wa. Aray eof Responsibilit Na me 716 (`o4n�v s� tY�� 7a oa7s Address Registration Number _ _ Signature Telephone. Expiration Dare. - - Area of Responsibility - - - Name Registration Number - - "Address - - - Signature - - - Telephone - Expiration Date- - Area of Responsibility - - - - Name Registration Number - - Address Signature - Telephone _- - Expiration Date Area of Responsibility Name_- " - Registration Number , Address - - Signature Telephone - Expiration Date " Sectidit 5-Gener`a:FCoritra-, 17 /� �0e /s n G, Not Applicable Q - - Co pang Name LAwvdsfcei D n.eme*T Perso_ n Responsible for Gonstction - `u? fo __ - - - - A.ddrdress_ a�r+�1 5a 8 7 7V `l7 Signature Telephone- - - 2 of 3ecti666-D"e§dtiptidn of -Proposed, WOYK�(checKau,appncaDleJ_ New ConEn (for multiple family only) No- of Bedrooms (for multiple family only) No. of Bathrooms _ Existing ❑ Repair(s) ❑ Alterations ❑ Addition ❑ Accessory Bldg. ❑ Type Demolition Other ecify: 6k ca eact/a Gf Brief Description of Proposed Work: Se_ etion 7. .'Use OrouP.A04-Construction Type Building Use Group (Check as applicapable) Construction Type A ASSEMBLY ❑ A-1 ❑ A-2 ❑ A-3 ❑ A-4 ❑ A-5 ❑ 1A ❑ 1B ❑ B BUSINESS ❑ 2A ❑ 213 ❑ 2C ❑ 3A ❑ 3B ❑ E EDUCATIONAL ❑ - F FACTORY H HIGHHAZARD ❑ F 1 ❑ F-2 ❑ ❑ I INSTITUTIONAL ❑ I-1 ❑ 1-2 ❑ 1-3 ❑ M MERCHANTILE- ❑ - - 4 ❑ R RESIDENTIAL ❑ R-1 ❑ R-2 ❑ R 3 ❑ 5A ❑ 5B ❑ S STORAGE ❑ S-1 ❑ S-2 ❑ U UTILITY SPECIFY: M MIXED USE ❑ - SPECIFY: S SPECIAL USE ❑ SPECIFY: Gompiete tFiis section rf:ezieting-building.uiidergoitipenDvations, add'Itioii"sand%rcfiange in u'se Existing Use Group: 9 Proposed Use Group: Existing Hazard Index 780 CMR 34 Proposed Hazard Index 780 CMR 34 9e6tiott8_ BuildingHeiightand.Area. Building Area Existing (H applicable) Proposed Number of floors or stories include basement levels Floor Area per Floor (sn Total Area All Floors (sf) Total Height (ft) section - STRUCTURAL PEER -REVIEW _(780CMR-110.11) Independent Structural Engineering Structural Peer Review Required Yes .......... No .......... SECTION 1oa OWNER AUTHORIZATION-- TO BE COMPLETED WHEN , OWNER':S AGENT OR CONTRACTOR APPLIES- FOR BUILDING- PERMIT 1 O_" / ��� �� o -e' , as Owner of the subject property, G. t on hereby authorize F n e to ac my behalf, in all matters relative to work authorized by this building permit application. q S.'e gf/a'4.u() o / Date Signature of Owner 3 of OVER ELLMV N ,FO!K,9 fl1 ER7i4ttFHOR►ZEpJCCzE(V as Owner/Authoriied Agent hereby declare that -the statements and information on the forgoing application are true and acurate, to the best of my knowledge and belief. - Signed under the pains and penalties of perjury. Print Name Signature of owner/Agenr Date §Octi�qlt ESTIM Item Estimated Cost (Dollars) to be completed by permit applicant 1:Building A .6- 2. Electrical 3. Plumbing/ Gas 4- Mechanical (HVAC) 5. Fire Protection 6.Total=(1 +2+3+4+5) 00 7. Total Square Ft. &j.w Check Below "Conservation -Commission Filing (if applicable) CJ Old Kings Highway & Historical Cornrhissibn approval (if applicable) 3L \TC s v ♦♦ y v i l a t\ A% IVA t! V 1 rj v° Y� : FS BUILDING DEPART.NIENT CONSTRUCTION SUPERVISOR FORM PLEASE PRINT. - job Location: ALL Lf4 - 'fur l✓ed &--M.m14 /1 t . Oa G 73 Number Street_ Village Owner of Property: 4Z4W0r/' enp Construction Supervisor: LAWNDAGe �• Name Address: Licensed Designee: (If other than Supervisor) Name 2.15 Responsibility of each license holder: W��f'd License No. Phone 6W6 License No. 2.15.1 The license holder shall be fully and completely responsible for all work for which he is supervising. He shall be responsible for seeing that all work is done pursuant to the state building code and the drawings as approved by the building official. 2.15.2 The license holder shall be responsible to supervise the construction, reconstruction, alteration, repair, removal or demolition involving the structural elements of building and structures only pursuant to the state building code and all other applicable laws of the commonwealth, even though he, the license holder, is not the permit holder but only a subcontractor or contractor to the permit holder. 2.15.3 The license holder shall immediately notify the building official in writing of the discovery of any violations which are covered by the building permit. 2.15.4 Any licensee who shall willfully violate subsections 2.15.1, 2.15.2 or 2.15.3 or any other section of these roles and regulations and any procedures, as amended, shall be subject to revocation or suspension of license by the board. 2.16 All building permit applications shall contain the name, signature and license number of the construction supervisor who is to supervise those persons engaged in construction, reconstruction, alteration, repair, removal of demolition as regulated by section 109.1.1 of the code and these roles and regulations. In the event that such licensee is no longer supervising said persons, the work shall immediately cease until a successor license holder is substituted on the records of the building department. 2.17 The license holder shall be responsible for requesting all required inspections. Failure to do so may be deemed a violation of the permit conditions. I have read and understand my responsibilities under the rules and regulations for licensing construction supervisors in accordance with section 109.1.1 of the state building code. I understand the construction inspection procedures and the specific inspection as called for by the building official. INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch.152 Yes 'a No ra If you have checked y-0, please indicate the type coverage by checking the appropriate box. A liability insurance policy f] Other type of indemnity f j Bond F OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 152 of the Mass. General Laws, and that my signature on this permit application waives this requirement. '(Pe .4A4-&,( Check one: signature of Owner or nets Agent _ _ --_— C+rna Q Agent' Signature: _ _ Building t)fficial .Approval: 3;°4YgRc TOWN OF YARMOUTH O FF�y BUILDING DEPARTMENT CONSTRUCTION SUPERVISOR FORM PLEASE PRINT: Job Location: �� Z6rxfPr //✓Phu WlS7`' �ps n�Ocs %t'%Cc . OZiv7,3 Number Street 'Village Owner of Property: a✓Cwr{ P�{v 7rris� Construction Name Cs 9agsy Sat 778-Yy/ No. Address: y�7 ��� �✓4ss /�f✓u Dad %iPl7r/i� �/et d°u36 Licensed Designee: (If other than Supervisor) Name 2.15 Responsibility of each license holder: License No. Phone No. 2.15.1 The license holder shall be fully and completely responsible for all work for which he is supervising. He shall be responsible for seeing that all work is done pursuant to the state building code and the drawings as approved by the building official. 2.15.2 The license holder shall be responsible to supervise the construction, reconstruction, alteration, repair, removal or demolition involving the structural elements of building and structures only pursuant to the state building code and all other applicable laws of the commonwealth, even though he, the license holder, is not the permit holder but only a subcontractor or contractor to the permit holder. 2.15.3 The license holder shall immediately notify the building official in writing of the discovery of any violations which are covered by the building permit. 2.15.4 Any licenseewho shall willfully violate subsections 2.15.1, 2.15.2 or 2.15.3 or any other section of these rules and regulations and any procedures, as amended, shall be subject to revocation or suspension of license by the board. 2.16 All building permit applications shall contain the name, signature and license number of the construction supervisor who is to supervise those persons engaged in construction, reconstruction, alteration, repair, removal of demolition as regulated by section 109.1.1 of the code and these rules and regulations. In the event that such licensee is no longer supervising said persons, the work shall immediately cease until a successor license holder is substituted on the records of the building department. 2.17 The license holder shall be responsible for requesting all required inspections. Failure to do so may be deemed a violation of the permit conditions. I have read and understand my responsibilities under the rules and regulations for licensing construction supervisors in accordance with section 109.1.1 of the state building code. I understand the construction inspection procedures and the specific inspection as called for by the building official. INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch.152 Yes b No ❑ If you have checked yo, please indicate the type coverage by checking the appropriate box. A liability insurance policy ❑ Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 152 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Owner's Agent Owner ❑ Agent Building Official Approval: For Office Use Only Permit No. Date TOWN OF YARMOUTH AFFIDAVIT Home Improvement Contractor Law Supplement to Permit Application MGL c. 142A requires that the `reconstruction, alteration, renovation, repair, modernization, conversion, improvement, removal, demolition or construction of an addition to any pre-existing owner-oocupied building containing at least one but not more than four dwelling units or structures which are adjacent to such residence or building' be done by registered contractor, with certain exceptions, along with other requirements. Type of Work:%30AX"Oei CO'r5{✓uGili do Est. Cost Address of work /9'i, /3e1Xri, AmeoLe; A/'�,f�- X?rl Ylouli 04 - Owner Name: 0At�o>'>/ ZILW4� Date of Permit Application:;L1,z1a.7 I hereby certify that: Registration is not required for the following reason(s): Work excluded by law Job under $1,000 Building not owner occupied Owner pulling own permit Other (specify) 6, lI� e ae{i Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. Signed under penalties of perjury: I hereby apply for a permit as the agent of he owner: - / 7 el � Pe Coal . , Ze, 1,hCi. Da a Contractor Name Registration No. NA Notwithstanding the above notice, I hereby apply for a permit as the owner of the above property: Date Owner Name The Commonwealth of Massachusetts Department of Industrial Accidents AIl/ieellere�►�stlea 600 Washington Street Boston, Mass. 02111 �ZS Workers' Compensation Insurance Affidavit Applicant information- pleallazRI14PTer+ildt location: 15ax?4 411e"4frel 612 11 1 am a homeowner pertortning all work myself. 0 1 am a sole proprietor a d ha%e no one working in any capacity 1 am an employer pro%iding workers' compensation for my employees working on this job. am comnanv ne• of 60�1✓V &4T bl&, address: a3 SO,? city, h ed Yf ,O,f:i ex -- Anne Is, 19 0�. 77 r - t/ 711 / , insurance co. ou/4& ATIlt" • tom. noliev p %p Z 100/_%9/U S C3 [am a sole proprietq�nerai contractor. or homeowner (circle one) and have hired the contractors listed below Who ha%e the follow ine workers compensanon polices: comnaDv name: insurance eo policy a Failure to secure coverage as required under 5eetum 25A of MtiL i3z as seats to me insinuations at enatau Penniman at a use up m aspva w anwor one years' imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fin of SISIM a day against tee. 1 eaderstand thata copy of this stajittment maybe forwarded.fo the Omce of Invesdtationsofthe DU foe coverage verithatlae. 1 do.hrreber}ij� under rhr pas s and penal ies ojperluty that the injortttadon provided above is bee and Correct Signature 1 pate Printname 44wrelee, D. Oeme'--z Phone % UX— 779— / ,j/ Official use ony do not write in this area to be completed by dry or town o1Ddal city or town: YARMODT11 O check if immediate response is required contact person: penaltalceme a nBuilding Department ❑Weensiag Board 261 pSelectmtn's Office (508) 398 -?231 paL oKesith Department phone a; _ nOther TOWN OF YARM.OUTH 1146ROU1E28 SOUTH M MOUM 1 &jUCHUSETMMW440l. Telephone (908) 398.2231, &t 261 — F= (808) 3982365 BUILDING DEPARTMENT DEMOLITION DEBRIS DISPOSAL AFFIDAVIT BUH.M EUMrAL rAS Pl UjmG SIGM Pursuant to M.G.L. Chapter 40, Section 54 and '780 CIbM Chapter 1, Section 11I.5, I hereby certify that the debris resulting from the proposed work/demolition to be conducted at work Addren is to be disposed of at the following location: U Said disposal site shall be a licensed solid waste facility as defined by M.G.L. Chapter 111, Section 150A. Signature of Applicant Permit No. Date -Yqr� ONE & TWO FAMILY ONLY - BUILDING PERMIT Z j C APPLICATION TO CONSTRUCT. REPAIR: RENOVATE OR DEMOLISH A ONE OR TWO FAMILY DWELLING pJ Iy Town of Yarmouth Building Department H 1146 Route 28 • Yarmouth, 'AA 0`2664-4492 Tel: (508) 398 2231 x26I • Fax: (508) 398-0836 Office Use Only Planning Board Information Assessors Department Information: Permit No. Date _ Plan Type Map Lot Permit Fee Endorsement Date Recording Date New Deposit Rec'd. S Date _ I plan No. ; 1.4 Property Dimensions: Net Due $ Other _ Lot Area(sf) Frontage(t) Lot Coverage - This Section for Office Use Only _ Building PermItNumber."- Date Issued:: Certificate of Occupancy_ Signature: - is knot - -- required . Building.t')tficial"Date Section 1 - Site Information Use Group: R-4 Type: 5-B 1.1 property Address: 1.2 Zoning information: /f,Z ee k {ems Ave-- �/J West Y4,- a4,rf h Ala - eZ 673 Zoning District Proposed Use � 1.3 Building Setbacks (ft)_'T- Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.4 Water Supply (f4.a3.t.. c. 44. S 54) 11.5 Flood Zane Information: Public Private Zone: BFE;- _— -_ i section 2 - Property Ownership/Authorized Agent 7-4 Owner of Record; _ —, n�i% �✓ �O �P✓lry MR/„ ,5�'C �� _(/wvell�Or'Y Nam ( int��-- Mail-ng Address S 01-- h y.?,- Z,744 5-Or- 3/I Signature Telephone 2.2 Authorized Agent: e S �ry rr.3 - /204--f pie l Y9rmOlrA Inr N e print) -" Mailing A ress �P-/fly j Si na'ore Telephone Pax ' Section 3 - Con$tructten Services 3.1 licensed Construction Supervisor. Not Applicable ❑ License Number ,, ! CS fa I 6 701 r ss .... -0 Signa'.ure :t Telephone Expiration Date r3.2 Regi Home Improvement Contractor: Connta�Na No: Applicable G� n� Oct OR66 /n�s r � ,�3 3 mod Arfi90! 6 lignature License Number {�� _ VU-» %// Expiration Date Telephone ti. i 1 of 2 OVER ast: Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result i he denial of the issuance of the building permit. Signed Affidavit Attached Ye .......... No .......... New Construction No, of Bedrooms No. of Bathrooms Existing Bldg. ❑ Repair(s) ❑ Alterations ❑ Addition ❑ Accessory Bldg. ❑ Type Demolition Other S cifPy: ea w Brief Description of Proposed Work: Item Estimated Cost (Dollars) to be completed by permit applicant Check Below ❑ Conservation -Commission Filing (if applicable) ❑ Old Kings Highway & Historical Commission approval (if applicable) 1. Building 2. Electrical 3. Plumbing/Gas 4. Mechanical (HVAC) 5. Fire Protection 6.Total=(1 +2+3+4+5) 7. Total Square FL (new homes & addi iais) 1, Plf/A G/3Y/G,f� hereby authorize /ldDe� 600' 019 �� �- as owner of the subject property to act on my behalf, in all matters relative to' k authorized by this building permit applicalion. 74 1� °i Signature of Owner Date 1, LAW/-e-f�eeo 0. )9P/nPy1 as Owner/Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief. Signed under the pains and penalties of perjury. �ot✓ , Pri n me Signature of Owner/Agent �J Date 9-15-99 2 of 2 7 � Buat-<] u<Bai0.?I � tZC�t!!:HlUnr:i.^.a �Cunti:;rd. 'V Construction Suoer�;fsor License License: CS 92954 Restric`ed io: 00 r LAWRENCE D DEMERS 919 OLD BASS RIVER ROAD DENNIS, MA 02638 1/31/2011 8412 / �-� - a1r��'f for- a 1 2/18/2009 2:55 PM FROM: Fax Arthur D Calfee Insurance TO: 1 508 7901915 PAGE: 001 OF 002 ACORD CERTIFICATE OF LIABILITY INSURANCE TM (MM ODN 2-17.20-2008 PRODUCER Arthur D. Calfee Insurance Agency, Inc. 8 www.calfeeinsurance.com 336 Gifford Street Falmouth MA 02540-2967 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Cape Cod Docks, Inc. 23 Bog Road West Yarmouth MA 02673-1426 INSURER A Continental Casualty Company INSURER B INSURER C INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR MXYL POLICYEFFECTIVE POUCYEXPIRATION POLICY NUMBER DATE IMMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISEp $ CLAIMS MALE OCCUR MED EXP(An ore arson) $ PERSONAL S ADO INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO $ POLICY FRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ MY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AIIIDS (Per person) BODILY INJURY $ HIREDAUTOS NGNOWNED ALTOS (Par acadenp PROPERTY DAMAGE $ (Per accidenp GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTTER THAN EAACC $ MY AUTO 1 $ AUTO ONLY AGG EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ STATU- OTH- X WORKERS COMPENSATION AND TWO EL EACH ACCIDENT $100,000 A EMPLOYERS' LIABILITY 6S59UB-654X362-0-08 0711112008 0711112009 ANY PROPRIETOMPARTNEREXECUNVE OFFICERIMEMBER EXCLUDED? EL DISEASE-EAEMPLOYEE $ 100,000 n0 under SPECIALIf Yee.ecribe PROVISIONS below EL DISEASE -POLICY LIMIT 1 $500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Includes Longshore and Harbor Workers Act You will receive a Replacement Certificate directly from CNA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Green Harbor Resort DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORTO MAIL 70 DAYS WRITTEN 182 Baxter Rd NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR West Yarmouth, MA 02673 REPRESENrATVES. AUTHORIZED REPRESENTATIVE <EPM> ACORD 25 (2001108)-T�kCORD CORPORATION 1988 TOWN OF YARMOUTH Building Department Town Hall y„ a Yarmouth, MA 02664 (508) 398-2231 ext.261 BBUILDING PERMIT TRANSMITTAL Temp Permit No.: T-09-211 Applicant Name: Lawrence Demers Applicant Phone: 5087784711 Building Location: 0182 BAXTER AVE Owner's Name: GREEN HARBOR VILLAGE LTD PAR Owner's Addres 20 North Main Street South Yarmouth MA 02664 Owner's Telephone: (508) 367-5552 r :I Aq I AWMI9l:l'E (OFFICE USE ONLY Recorded By: Ic Permit Fee: $0.00 Deposit Rec: $25.00 Payment Type: Check ChkNo.: 553 Net Owed: ($25.00) Application Date: 2/20/2009 Issue Date: Expiration Date Comments: Map/Lot: 021.3 replacement of existing bulkhead 1. WATER DEPARTMENT: DATE: N/A: 2. ENGINEERING DEPARTMENT: DATE: N/A: 3. CONSERVATION: DATE: N/A: 4. HEALTH DEPARTMENT: DATE: N/A: 5. BUILDING DEPARTMENT: DATE: N/A: 6. FIRE DEPARTMENT: DATE: N/A: PLEASE NOTE COMMENTS: RECEIPT OF COPY: SIGNATURE OF APPLICANT: DATE: Date Printed: 2/23/2009 TOWN OF YARMOUTH CONSERVATION 1146 ROUTE 28 SOUTH YARNIOUTH MASSACHUSETTS 02664 COMMISSION Tel (508) 398-2231 — Fax (508) 398-0836 Town of Yarmouth Conservation Commission Building Permit Sign -off Application Cons. Comm. Received Property Owner: Construction Assessors Map and Parcel: 6JCeo- �ro��e/��e� r PARCEL General Contractor:C1�nL cca %Joc 5 Company Name and Address: Company Project Description: `h�15 C Plytr;2 �' Contractor Plan Submitted: Date Revision Date Conservation Commission Filing Required: YES NO If Yes, Type of Filing: "��, Notice of Intent— C ok4f le-& Request For Determination Of Applicability Conservation Commission Sign -off Signature: zz�4-1t� Date: Printed on Recycled Paper LL ON A Id APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code, (MEC), 527 CMR 12.00 (�V)Z4 (OFFICE USE ONLY) TOWN_ OF YARMOUTH By / O �i Fee: $ u PERMIT NO. (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to work described below. Location (Street & No Owner or 2 ti BIZ )erform the electrical No. Is this permit in conjunction with a building permit? ❑ Yes M<o (Check Appropriate Boz) Purpose of Building Utility Authorization No. Existing Service Amps Volts Overhead❑ Undgrd ❑ No. of Meters New Service Amps Volts OverheadD Undgrd ❑ No. of Meters Number of Feeders and Ampacity, Location and Nature of Proposed electrical Work: N S T A-L- L C>O. U FL%IaGT0 A,S Td kO U!o g —D d 1 ct) M 91, Completion ofthe following table may be waived by thelnspector of Wires No. of Recessed Fixtures No. of Ceil: Sus . Paddle Fans No. of Total Transformers KVA No. of Lighting Outlets No. of Hot Tubs Generators KVA No. of Lighting Fixtures Above In- SwimmingPool rod. gird. ❑ No. of Emergency Lighting BatteryUnits No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners No. o Detection an InitiatingDevices No. of Ranges Total No. of Air Cond. Tons No. of Alerting Devices No. of Waste Disposers Heat Pump Totals: um er Tons — KW No. of Self -Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Municipal Local ❑ Connection Other No. of Dryers Heating Appliances KW Secutity Systems: No. of Devices or E ui valent No. of Water Heaters KW No. of No. of Signs Ballasts Data Wiring: No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring: No. of Devices or Equivalent Attach additional detail if desired, or as required by the Inspector of Wires. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may be issued unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in 4force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE BOND ❑ OTHERC] (Specify:) (Expiration Date) PI —Estimated Value of lec 'cal Work: (When required by municipal policy.) Q Work to Start: d % Inspections to be requested in accordance with NEC Rule 10, and upon completion. I certify, under thee pains and penalties of perjury, that the information on this application is true and complete. FIRM NAME: FZ) L L E l, E4[ r c i IL r L Cry t O LIC. NO. ft ri ti 7 Licensee: Signature_ LIC. NO. ' (If applicable, enter 11exe t ' the li nse numberfline .I �) Bus. Tel. No.: ,SC7S ??5--00a Address. 12� Il'n l P�t JA) C 2J.vv�4't�if— Alt. Tel. No.: OWNER'S INSURANCE WAIVER: I am aware that the Li nsee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) owner owner's agent. VJ Owner/Agent Signature _ Telephone [Rev. 04/001 I �c� A complete TJ-Xpert framing plan includes the True Joist MacMillan Builder's Guide eF e ti u H6 i X H7 H6 E 24, 8" 12 , B" �I�—.— 6 i —rrI I M1 NEI H3 6' ------- 12' B" H3 i ACCESSORIES LIST 7 Plot Unit # of Net ID Length Product Qty Plies Qty Bbl 1' 5/8" or 3/4" Backer Blocks 11 1 11 Fbl 18, 2x6 Filler Blocks 1 1 1 Shl 4' x 8' 3/4" Plywood 27 1_. 27 H6 SYSTEM WARNINGS 1 WARNING[ - A skewed end bearing exists for joists and requires skewed end cuts. [7 a 7 16 JOB COMMENTS DAVENPORT BUILDING CO. GREEN HARBOR ON THE OCEAN WEST YARMOUT11, MA LEVEL COMMENTS SECOND FLOOR SINGLE VILLA HANGER LIST - Simpson Strong -Tie Hangers Plot Member ID Qty Product Label Top Nails Face Nails Nails Notes H1 61 ITT11.88 4-N10 2-N10 2-N10 (1) H2 9 ITT11.88 4-N10 2-N10 2-N10 (1)(5)(6) H3 2 MIT411.88 4-N10 2-N10 2-N10 (1) H4 2 MIT411.88 4-16D 2-16D 2-N10 (1) H5 2 Not Found H6 4 BI411.88-2 2-N10 2-N10 2-N10 (1) H7 4 GLTV411.88-2 4-16D 6-16D 6-16D (1) JOIST AND BEAM LIST Plot Unit # of Net ID Length Product Qty Plies Qty J1 18' 11 7/8" TJI/Pro-250 joist 26 1 26 J2 18' 11 7/8" TJI/Pro-250 joist 2 2 4 J3 14' 11 7/8" TJI/Pro-250 joist 9 1 9 J4 14' 11 7/8" TJI/Pro-250 joist 1 2 2 M1 26' 3 1/2" x 11 7/8" 2.0E Parallam PSL 2 1 2 M2 26' 5 1/4" x 11 7/8" 2.0E Parallam PSL 1 1 1 M3 18' 7" x 11 7/8" 2.0E Parallam PSL 4 1 4 LEVEL NOTES File Name: GREEN HARBOR.JOB Level Name: SECOND FLOOR Plot Date: 5/9/00 16:26 Design Date: 5/9/00 16:10 Drawing Scale: 3/16" = 1' Job Status: Foundation..... Foundation SECOND FLOOR... Plotted 5/9/00 16:10 NOTE: Level design times indicated above provide assurance for proper level stacking. Upper levels must have earlier design times. Design Methodology: ASD Floor Area Loading Is: 30 psf Live Load 10 psf Dead Load Additional operator input loads have been added Maximum Joist Deflection: L/480 Live Load L/240 Total Load Average TJ-Pro Rating for Floor: 51 Glued & Nailed Decking is Assumed Direct Applied Ceiling is Assumed Floor Decking: 3/4" Plywood Normal O.C. Spacing = 16"* Default Wall / Beam Width: 5.5"* Hanger Notes: (1) Indicates non -stocked hanger (5) Backer Blocks Required (6) Filler Blocks Required TJ-Xpert 6.03 (#660) A C6.03 D6.03 S6.03 P6.03 *Unless noted otherwise CREATED BY Mid -Cape Home Centers Route 134 PO Box 1418 South Dennis ma 02660 508-398-6071 FAX: 508-398-4559 SYMBOL LEGEND J TJI Joist Type M Rectangular Product Type — Bearing Wall = Beam 10 Column (CHO) H Hanger Type U Hanger Symbol Point Load _ . Line Load Area Load Q Detail Callout Label (See Builder's Guide) ++ Joist Layout Symbol TRUS JOIST MACMILLAN FOR THE TJ-XPERT WARRANTY SEE BUILDER'S GUIDE A complete TJ-Xpert framing plan includes the Trus Joist Builder's Guide or Pocket Guide Mid• e HOME CENTERS wvcouo.:x¢e 20' 3" — 3' 1012' 7' 10• =�J 'P al In B1 gj H3 1 zo^ H1 81 el J4 J4 J4 J4 16, 62 a2 112 Rml J3 112 1 H1 A3 1.25^ 12" J3 al 1 H2 Jl Jl Jl H2 12^ o.c. 20" Q J2 J2 J2 16. 81 H H1 81 H1till H1 e4 4' r 1 27 H4 HANGER LIST - Simpson Strong -Tie Company, Inc.® Plot ID Qty Product Label Top Nails Face Nails Member Nails Notes H1 38 ITT11.88 4-N10 2-N10 2-N10 (1) H2 8 ITT11.88 4-N10 2-N10 2-N10 (1)(5) H3 1 MIT411.88 4-16D 2-16D 2-N10 (1) H4 3 ITT411.88 4-16D 2-16D 2-N10 (1) HS 2 ITT411.88 4-N10 2-N10 2-N10 (1) Hanger Notes: (1) Indicates non -stocked hanger (5) Backer Blocks Required JOIST AND BEAM LIST Plot Unit M of Net ID Length Product Qty Plies Qty J1 24' 11 7/8" TJI/Pro-250 joist 13 1 13 J2 14' 11 7/8" TJI/Pro-250 joist .4 1 4 J3 8' 11 7/8" TJI/Pro-250 joist 2 1 2 J4 6' 11 7/8" TJI/Pro-250 joist 4 1 4 M1 24' 3 1/2" x 11 7/8" 2.0E Parallels PSI 3 1 3 M2 22' 3 1/2" x 11 7/8" 2.0E Parallam PSL 2 1 2 ACCESSORIES LIST Plot Unit A of Net ID Length Product Qty Plies Qty Bbl 1' 5/8" or 3/4" Backer Blocks 8 1 8 Rail 16' 1 1/4" x it 7/8" 1.3E TimberStrand LSL 1 1 1 Shl 4' x 8' 3/4" Plywood 15 1 15 SYSTEM WAHNIHGa , Warning; Stability of member requires quality norkmanshiP (anchorage) to Prevent uplift due to negative reaction. - Object- Flush Seam (17) Warning: Stability of member requires quality vorkmmnship (anchorage) to prevent UP11ft due to negative reaction. - Object: Flush Beam (19) 3 XMINGI - A skewed end bearing exists for joists and requires skewed end cuts. JOB COMMENTS LEVEL COMMENTS DAVENPORT BUILDING CO. SECOND FLOOR GREEN HARBOR ON THE OCEAN WEST YARMOUTH, MA OFFICE VILLA LEVEL NOTES File Name: GRN.HBR.OFFICE.JOB Level Name: SECOND FLOOR Plot Date: 12/29/00 13:54 Design Date: 8/1/00 16:50 Drawing Scale: 1/4" = 1' Job Status: Foundation..... Foundation SECOND FLOOR... Plotted 8/1/00 16:50 NOTE: Level design times indicated above Provide assurance for proper level stacking. Upper levels must have earlier design times. Design Methodology: ASD Floor Area Loading Is: 30 psf Live Load 10 psf Dead Load Additional operator input loads have been added Maximum Joist Deflection: L/480 Live Load L/240 Total Load TJ-Pro Rating Information: Weighted Average: 49 Lowest Rating: 0 Highest Rating: 0 Glued 6 Nailed Decking is Assumed Direct Applied Ceiling is Assumed Floor Decking: 3/4" Plywood Normal O.C. Spacing = 16"* Default Wall / Beam Width: 5.511* TJ-Xpert 6.1 (4674) A C6.03 D6.03 S6.03 P6.03 *Unless noted otherwise tnTJXpertm CREATED BY I Mid -Cape Home Centers P 0 Box 1418 465 Route 134 South Dennis Massachusetts 02660 508-398-6071 X387 FAR: 508-398-4559 I SYMBOL LEGEND I J TJI Joist Type M Rectangular Product Type Bearing Wall Beam ® Column (CHO) H Banger Type U Hanger Symbol !; Point Load Line Load 1- Area Load O Detail Callout Label (See Builder's Guide or Pocket Guide) #-+ Joist Layout Symbol Level Warning TRUS JOIST FOR THE TJ-XPERT WARRANTY SEE BUILDER'S GUIDE OR POCKET GUIDE A complete TJ-Xpert the Trus Joist ti F H "s H6I 44 8 6 i — - If.. 12 ' 8' — ' -----al— 6' --� H3 FE H3 a! 1 6' -14 12' 81, H3 6' —► IH6 v ACCESSORIES LIST Plot Unit # of Net ID Length Product Qty Plies Qty Bbl 1' 5/8" or 3/4n Backer Blocks 22 1 22 Fbl 36' 2x6 Filler Blocks 1 1 1 Shl 4' x 8' 3/4" Plywood 26 1 26 SYSTEM WARNINGS 1 WARNING! - A skewed end bearing exists for joists and requires skewed end cuts. JOB COMMENTS 36 DAVENPORT BUILDING CO. GREEN HARBOR ON THE OCEAN WEST YARMOUTH, MA LEVEL COMMMENTS SECOND FLOOR DUPLEX C TJXpert. HANGER LIST - Simpson Strong -Tie Hangers Plot Member ID Qty Product Label Top Nails Face Nails Nails Notes H1 50 ITT11.88 4-N10 2-N10 2-N10 (1) H2 18 ITT11.88 4-N10 2-N10 2-N10 (1)(5)(6) H3 4 MIT411.88 4-N10 2-N10 2-N10 (1) H4 4 MIT411.88 4-16D 2-16D 2-N10 (1) HS 2 Not Found H6 4 BI411.88-2 2-N10 2-N10 2-N10 (1) H7 4 GLTV411.88-2 4-16D 6-16D 6-16D (1) H8 2 Not Found JOIST AND BEAM LIST Plot ID Length Product Unit Qty # of Plies Net Qty J1 18' 11 7/8" TJI/Pro-250 joist 16 1 16 J2 18' 11 7/8" TJI/Pro-250 joist 4 2 8 J3 14' 11 7/8" TJI/Pro-250 joist 18 1 18 J4 14' 11 7/8" TJI/Pro-250 joist 2 2 4 M1 26' 3 1/2" x 11 7/8" 2.0E Parallam PSL 2 1 2 M2 26' 5 1/4" x 11 7/8" 2.0E Parallam PSL 1 1 1 M3 18' 7" x 11 7/8" 2.0E Parallam PSL 4 1 4 LEVEL NOTES File Name: green harbor-1.JOB Level Name: SECOND FLOOR Plot Date: 5/9/00 16:52 Design Date: 5/9/00 14:34 Drawing Scale: 3/16" = 1' Job Status: Foundation ..... Foundation SECOND FLOOR... Plotted 5/9/00 14:34 NOTE: Level design times indicated above provide assurance for proper level stacking. Upper levels must have earlier design times. Design Methodology: ASD Floor Area Loading Is: 30 psf Live Load 10 psf Dead Load Additional operator input loads have been added Maximum Joist Deflection: L/480 Live Load L/240 Total Load Average TJ-Pro Rating for Floor: 53 Glued & Nailed Decking is Assumed Direct Applied Ceiling is Assumed Floor Decking: 3/4" Plywood Normal O.C. Spacing = 16"* Default Wall / Beam Width: 5.51* Hanger Notes: (1) Indicates non -stocked hanger (5) Backer Blocks Required (6) Filler Blocks Required TJ-Xpert 6.03 (4660) A C6.03 D6.03 S6.03 P6.03 *Unless noted otherwise I CREATED BY I Mid -Cape Home Centers Route 134 PO Box 1418 South Dennis ma 02660 508-398-6071 FAX: 508-398-4559 SYMBOL LEGEND J TJI Joist Type M Rectangular Product Type Bearing Wall Beam ® Column (CBO) H Hanger Type U Hanger Symbol Point Load Line Load Area Load O Detail Callout Label (See Builder's Guide) +-► Joist Layout Symbol TRUS JOIST MACMILLAN FOR THE TJ-XPERT WARRANTY SEE BUILDER'S GUIDE e u �MAP 29/PCL 98 C R. J. CANTIN Ih 178 BAXTER AVE. � uxz X W at SHED Q YARMOUTH,MA. 87(9 sxs 02673 -3x57 110M 5X0 b �10 •O• �v V i NOTE : THE THREE( 3) EXIST. DOCKS SHOWN ARE LICENSED UNDER D.E.Q.E. LIC.* 1800 N r PLAN 0 20 40 60 80 160 FEET T. PIERS # Ig00 SCALE: 1" = 80 i E 3 � Q Xov",,hc- -v �c 9 MHW FORCED AT BULKHEAD DH IN CONC. EL.=10.81 MLW. 10xa ...'1 G. . ...L Y ESTATE OF R.GREEN 727 PEARSE RD. SWANSEA , MA. 02777 PLAN TO ACCOMPANY PETI�TI'O,N OF V" IL.1�/'°� IO LICENSE& MAINTAIN EXISL00RICASTCMJULIWEAD N/ACCESS STAIRS,.& STONE BREAKWATER MILLTREEK , TOWN OF YARMOUTH , COUNTY OF BARNSTABLE, MASS. COASTAL ENGINEERINGCO.,INC. ORLEANS , MASS. MARCH-199.9 10.4601 SHT I of 5 9X6 7x6 L A W N PLAN 0 20 40 60 80 100 feet SCALE: I' =40' NOTE= PIERS SHOWN ARE LICENSED UNDER D.E.Q.E. LIC.* 1800 of gJOHN AL°j I .33776 y AFC/SiEn ,Aye 0�J BENCHMARK -Ixl D.H. IN CONC. EL. = 10.81MLW I •• EXISTING •• STONE RUBE Q. • MHW FORCED s oT •AT BU HEAD I 36 ♦ • 0 �•. •IX6 OD ;•. 6 i7, ��•.-Ix4 Iox9 �•'••.,. ELW:. °' a `• I� - I X 9 o�V�Pvv Fq* 4 Joe 0 4 e O GREEN HARBOR VILLAGE BAXTER AVE. WEST YARMOUTH , MASS. COASTAL ENGINEERING CO.,INC. 0 R L E A N S , M A S S A C H V S ET T S y� 400 a p W O W ni U 3 J = _J 3 � w±� w I O NUn 0 J x w U W W J 00 m 1- U) X W ♦1 0) u J W Y J U Z O U GREEN HARBOR VILLAGE BAXTER AVE. WEST YARMOUTH,MASS. COASTAL ENGINEERING CO-,INC ORLEANS , MASS. w a w s t0 m r O Q 3 (0 = Nz O = u J w0 W V J r a fA N U) O OU W O - O u J 0 0 w s • Q cO Q o O � O N ci W N N I I I 1 1 N to O un p C IO.460 / SHT.4 of 5 N W O Y W W o O M O v It 3 u 3 i J O N J J 3 Lo W W U Z Li s N O U O = co dp Z 0 O F W N M N Z u •', �, _ —O J W W W v7 W FA a U y N J Q O O N 3 lV U i Z O J U W O GREEN HARBOR VILLAGE BAXTER AVE. WEST YARMOUTH,MASS. COASTAL ENGINEERING CO., INC. 0 R L E A N S M A S S. 0 CIO. 460/ SHT. 5of 5 H OG1E CENTERS. --I -- -- ---20' 3"----- -- _._.. - 1—- 12' 7"--- ---- 0 A complete TJ-Xpert framing plan includes the True Joist MacMillan Builder's Guide CTJA* HANGER LIST - Simpson Strong -Tie Hangers Plot Member ID Qty Product Label Top Nails Face Nails Nails Notes ------ "-"" - - -' H1 38 ITT11.88 4-N10 2-N10 2-N10 (1) -- -----i;�--3' 10" i. H2 H ITT11.88 4-N10 2-N10 2-N10 (1)(5) H3 1 MIT411,88 4-16D 2-16D 2-N10 (1) H4 3 ITT411.88 4-16D 2-16D 2-N10 (1) H5 2 ITT411.88 4-N10 2-N10 2-N10 (1) 7;1 H 20" J4 J4 TJ474 t I I � :, ' I 1 Hl // A3 1.25" � I 12" I j J3 Hl J1 J1 J e2 1 12" o.c. ' i I I 20" i J2 J2 i I I 6., j I j _ 1 H Bl M2 1 4 1-1 SYSTEM WARNINGS �1 Warning: Stability of member requires quality workmanship (anchorage) to prevent uplift due to negative reaction. - Object: Flush Beam (17) Q2 Warning: Stability of member requires quality workmanship (anchorage) to prevent uplift due to negative reaction. - Object: Flush Seam (19) 3 WXU1ING! - A skewed end bearing exists for joists and requires skewed end cuts. JOB COMMENTS DAVENPORT BUILDING 00. GREEN RARBOR ON THE OCEAN WEST YAW0TH, M1 LEVEL COMMENTS SECOND FLOOR OFFICE VILLA JOIST AND BEAM LIST Plot Unit # of Net ID Length Product Qty Plies Qty Ji 24' 11 7/8" TJI/Pro-250 joist 13 1 13 J2 14, 11 7/8" TJI/Pro-250 joist 4 1 4 J3 8' 11 7/8" TJI/Pro-250 joist 2 1 2 J4 6' 11 7/8" TJI/Pro-250 joist 4 1 4 M1 24' 3 1/2" x 11 7/8" 2.0E Parallam PSL 3 1 3 M2 22' 3 1/2" x 11 7/8" 2.0E Parallam PSL 2 1 2 ACCESSORIES LIST Plot Unit # of Net ID Length Product Qty Plies Qty Bbl 1' 5/8" or 3/4" Backer Blocks 8 1 8 Rml 16' 1 1/4" x 11 7/8" 1.3E TimberStrand LSL 1 1 1 Shl 4' x 8' 3/4" Plywood 15 1 15 LEVEL NOTES File Name: GRN.HBR.OFFICE.JOB Level Name: SECOND FLOOR Plot Date: 8/1/00 16:57 Design Date: 8/1/00 16:50 Drawing Scale: 1/4" = 1' Job Status: Foundation..... Foundation SECOND FLOOR... Plotted 8/1/00 16:50 NOTE: Level design times indicated above provide assurance for proper level stacking. Upper levels must have earlier design times. Design Methodology: ASD Floor Area Loading Is: 30 pef Live Load 10 pe£ Dead Load ' Additional operator input loads have been added Maximum Joist Deflection: L/480 Live Load L/240 Total Load Average TJ-Pro Rating for Floor: 49 Glued 6 Nailed Decking is Assumed Direct Applied Ceiling is Assumed Floor Decking: 3/4" Plywood Normal O.C. Spacing = 16"* Default Wall / Beam Width: 5.5"* Hanger Notes: (1) Indicates non -stocked hanger (5) Backer Blocks Required TJ-Xpert 6.03 (#660) A C6.03 D6.03 S6.03 P6.03 *Unless noted otherwise CREATED BY Mid -Cape Home Centers P 0 Box 1418 465 Route 134 South Dennis Massachusetts 02660 508-398-6071 X387 FAX: 508-398-4559 SYMBOL LEGEND J TJI Joist Type M Rectangular Product Type — Bearing Wall — Beam ® Column (CHO) H Hanger Type U Hanger Symbol Point Load Line Load t :. Area Load O Detail Callout Label (See Builder's Guide) Joist Layout Symbol Level Nanning I 5xo 7x 8 I 5 2T 0 7X2 LAWN 5 T 4 BI SXO LAWN 7x9 a JOHNA t N H No. 33776 •�FCtSiEn �`� ��Pol7Al E��• CA 2x8 .. IX5 PLAN 2 x T 0 20 40 60 80 feet SCALE: I"=40' 2x2 PIERS SHOWN ARE i LICENSED UNDER a' D.E.Q.E LIC.#k1800 a• a -IX5 • � W a 2X9 . i H i -IX3 r T: r se oe n I X7 a r i• _ ti•'. -Ixo p r 53 513 a (1 a' v 1 : ; -Ixo � 8 IX3 � 3 a a 5 T a � 3 8 X2 -IXO no n a %88 s •• a -Ixo O a . I a 1 9 5 <q 4 T•. 9 •. _9 8 28 Cr, .♦ 77 •o• GREEN HARBOR VILLAGE BAXTER AVE . WEST YARMOUTH, MASS. COASTAL ENGINEERING CO., INC. 0 R L E A N S , M A S S A C H U S E T T S c C10.460 / SHT 3of5 With each trade comes a different brand or material, which also adds confusion and inconsistencies. Using the insulation contractor as a "one source" fireblocking installer serves as the most time and cost efficient means of installation. The insulation contractor is generally called in the day before the mechanical or rough inspection to fireblock all required penetrations. Once the home passes inspection, they immediately begin their insulation. Insulation contractors nationally have begun to embrace the concept of fireblocking residential construction. Due to increased code enforcement, insulation contractors are continually being required to install the fireblocking caulks and sealants. As a result of this demand, the Code Compliance Council has entered into a public/private alliance with manufacturers to initiate the licensing and certification of trained installers. TheFireSafe Home Program allows installers to take several hours of classroom and on -site training to ensure quality installation procedures. The FireSafe Home Program is designed to eliminate liability issues forbuilders, inspectors, and contractors, and to promote the concept of passive fire resistance through a program that benefits the builder, homeowners, and other parties involved in the construction process. This program aids the builder in developing a marketable sales tool, which can result in increased profits. Finally, as a result of the FireSafe Home Program, the homeowner will receive valuable benefits such as premium insurance rates or discounts, being listed with the local fire department, and certificates and medallions that may bring value to the home should the homeowner decide to sell. Fireblocking residential construction is an important life -safety issue that should not be overlooked, but all to often it is. The Code Compliance Council is a non-profit 501.c3 organization that offers free educational services for the building industry. Seminars, publications, and questions and answers are free at your request. Please visit our website at www.codecomplv.com for additional information. 4o�pllapcs V CCC n Msldng America actor Fireblocking Combustible Construction Fact: Approx. 4,300 fatalities 27,000 injured annually. Fact: 82% of fires occur in residential construction. Fact: Of that 82%, 8o% occur in single-family homes & duplexes Fact: Fire fatality is the number one cause of death for young children. Home builders, building code officials, and building trade contractors are responsible for ensuring safety in the built environment through code compliant construction practices. The Information provided in this document is designed to parallel the fireblocking requirements prescribed in all model building codes. www.codecomply.com 336-327-8732 © 2001 Code Compliance Council Firestopping V5. Firebloddng Although the majority of the building industry has begun to grasp and embrace the concepts of commercial firestopping, much of the country has yet to begin to take a serious look at the importance and benefits of fireblocking in residential construction. Fireblocking in residential construction has been a code requirement since the 1950's and is synonymous in both code wording and intent in all model building codes. 50 years later, the 2000 International Residential Code has helped clear the gray areas in determining the difference between firestopping and fireblocking by only prescribing fireblocking as a code requirement in residential construction. There is no definition or code reference for firestopping in the IRC because the IRC is a residential code, and therefore does not pertain to firestopping because it is strictly a commercial requirement. With this change of terminology, it clearly differentiates the difference and importance of each application. Firestopping is required in commercial construction when encountering 1,2, or 3 hour rated assemblies. Fireblocking is required when encountering concealed spaces in non -rated, wood or steel -framed, residential construction. `e�p►lanes u ��� Ift Am.rloa laf.r Materials When encountering the structural require- ments of fireblocking, all model building codes specify the same materials to be used. With the exception of an "approved noncombustible" or other "tested firestou material" for the protection of penetrations at ceiling and floor open- ings, fireblocking materials may be: Nominal Lumberwith a minimum 2-inch (51mm) thickness or two 1-inch (25.4111m) nominal lumber with broken lap joints. Wood structural panels may be used with a minimum thickness of 23/32-inch (19.8mm) as long as the joints or seams are backed by the same thickness of wood. Particleboard may also be used provided its thickness is a minimum of 3/4 -inch (19.1mm) with the joints backed by the same thickness of particleboard. Gypsum board has a required 1/2 -inch (12.7mm) minimum. Cement -based millboard has a required 1/4 -inch (6.4mm) minimum. Blankets or batts of mineral wool or glass fiber or other approved materials may be used as long as it can be installed in such a manner that it is securely fastened into place. " Loose -fill insulation material should never be used as a fireblock unless it has been specifically tested for that application and proves effective in its ability to remain in place and to retard the spread of flame and hot gases. Locations Fireblocking is defined by the 2000 International Residential Code as " building materials installed to resist the free passage of flame to other areas of the building through concealed spaces." Basically, "fireblocking" is used to build an effective barrier against the spread of fire, smoke, and toxic gases within or between concealed spaces such as the areas between the stud -cavity in walls or within the floor joists. Fireblocking is required to cut off all concealed draft openings both vertical and horizontal and prevent the flame from entering any new area of opportunityto continue burning. With out an abundant fuel and oxygen source, the fire cannot continue to live. Fireblocking will not extinguish the fire, but will help contain the fire to allow occupants to escape safely. Fireblocking with the required materials shall be provided in the following locations. Cove ceilings provide a challenge because there is insufficientwood to stop the fire against the curvature of the ceiling. Firestops must be applied against the vertical portion of the wall. Material used is to be framing lumber. The two firestops applied to stair stringers are critical to the firestopping system and prevent the fire from moving quickly to the area between the floors. Material is to be boards, cement board, or plywood. Firestopping needs to be installed below the dropped ceiling to prevent rapid movement into a large, open area. Material used is to be framing lumber. Penetrations Balloon framing is the general structure common to 40 year or older construction. This style of construction allowed large, open, concealed spaces to run between floors from the basements or first floor continuously to the attic area. Today, western style or platform framing construction has become the standard in residential dwellings. This method of construction has the floor framing bearing on load bearing walls so that there is no continuous concealed space through the story levels or floor framing. This creates a built in fireblock at ceiling and floor levels also known as top -plates. * General rule of thumb and most commonly overlooked rule in fireblocking is "the integrity of all fireblocks shall be maintained." Just as penetrating a 1 hour fire- rated wall in a commercial assembly must be resumed with a 1 hour rated material, the integrity of a top - plate or fireblock in residential construction must be resumed with a material that is equal to or greater than the burn time of the item being penetrated. Residential construction is generally a wood or steel framed, non -rated, structure. Code wording prescribes the annular space around wires, pipes, ducts, and other penetrating items to be filled with materials that form an effective barrier against flame, smoke and toxic gases. Sealing the penetrations at ceiling and; z; floor openings with in concealed spaces help contain the fire by reducing the free flow of oxygen throughout the home. This eliminates the "chimney effect" that is responsible for causing a fire to spread so quickly and buys time for preserving the structure and saving lives. What Materials are "approved" for fireblocking penetrations? The minimum requirement for all model building codes for the protection of penetrations is an "approved noncombustible material. A Noncombustible material is defined in all building codes as a material that passes the test procedure for ASTM-E136. The American Society of Tested Materials (ASTM) defines a building material as noncombustible when it is exposed to 138o degrees Fahrenheit /750 degrees Centigrade and does not flame, smoke, shrink in size, or have loss in weight. If the following characteristics are met and observed by a third party testing laboratory that is recognized by the code books, then the material is recognized and accepted as a noncombustible material. This is the E-136 test... ASTM-E136. Noncombustible materials are generally inorganic in nature and cure hard like a rock. Because they are made from minerals, they do not age, and will be present long after the life of the structure. The 2000 International code does not specify a noncombustible material, but does require an "approved" material to be used for fireblocking penetrations. This wording allows for the use of other approved firestopping materials tested by an accredited laboratory, commonly found in commercial construction. These materials are tested for applications that exceed residential construction requirements and are more effective for the intent of fireblocking, but are generally more expensive. These materials are ASTM-E119 and ASTM-E814 rated and are far more user friendly due to their adhesive properties. Installation Procedures and Solutions When installing fireblocking materials for the protection of penetrations, it is always important to follow the manufacturers suggested installation procedures. These instructions are generally provided on the product packaging or on a manufacturers technical data sheet. When encountering a penetration around a wire, pipe, or other mechanical penetrating item, the fireblock material should be filled to a minimum depth of 1 inch (unless specified by manufacturer) and should completely fill the area around the obstruction, leaving no visible air passage. All ceiling and floor openings that pass from floor to floor or conditioned to non -conditioned space should be filled with an "approved noncombustible material" of other "approved firestop material." All penetrations that violate the integrity ofthe floor and ceiling structure must be brought back to their original integrity. Residential fireblocking caulks are generally colored pink or orange for ease of inspection. What trades are responsible for doing the fireblocking of penetrations? Although plumbers, electricians, HVAC contractors, and other trades are generally the ones that violate the integrity of the fireblocks when they pass their mechanical items from room to room or story to story, they are not the best trades to complete the fireblocking. For inspection purposes, the trade best suited for the installation of fireblocking caulks is the insulation contractor. Having the insulation contractor install the fire caulking rather than the many other trades, eliminates quality problems and narrows the scope of responsibility down to one. When several trades are performing the fireblocking, each trade only takes responsibility for their own work, and no one takes responsibility for the whole. PERMIT 258 5/13/97 /l �f 5/13/97 LOT S1 Davenport/Mugar ( een H rbor Mot r Inn) 182 Baxter Avenue West Yarmouth, MA 0267G3���3®/�L'� Enclose 18 guest room po ches, replace stairs. $-------- SHEET 17 PERMIT 230 4/29/97 4/29/97 LOT 230 Green Harbor Village 182 Baxter Avenue, Unit 74 West Yarmouth, MA 02673 Remodel unit, re -roof $20,000.00 SHEET 17 k August 2, 2000 Paula MacNiece Mid Cape Home Center PO Box 1418, Route 134 So. Dennis, MA 02660 #On-, T4 W-.70 V i K Buskm Re: Davenport Building Co I - Green harbor on the Ocetan (3ittoo Yiit$), West Yarmouth, MA TJ-Xpert® Layout & CatWy1A9ti$ - Enclosed are TJ-Xpert® calculations and framing 010 Ox Ali" referenced Mpct. Mid Cape Home Center of So. Dennis, MA prepared these drawings. - PROJECT NAME: GREEN$AF DRAWING DATES, Regional Northeast tw d A..- 'd! $taDate and Raldtdtlting and design (CADD) program Zent before it will produce a plot. This program r Tms Joist Technical representatives. The ed to success(yUg_lgte-training at our code official to bk for the specific 5-411 1)xtafi d.s9i tw Northeast Region • 104 (entie Boulexud. Suite A • Medina, New Jeney 08053-4130 • Phone 856.596.5555 • Pun B56.9BS.9806 P� ^fti APPLICATION FOR PERMIT TO DO PLUMBING (OFFICE USE NOV 0 2 Z000 UU U Fee: $ RO. (n� O BY PERMIT NO. \ Ol ^ 117 6 /e E7 v/u-?) Date O 3 4V &V ©eZql-) Building Owner's AT: Location / i Name Z,u , MeM&UzW Type of Occupancy UAAE .,IAN6 New ❑ R{enovationXi Replacement ❑ Plans Submitted Yes ❑ No ❑ z Z rA y to O V N Y > N W ul . to J coQ M ¢ S~ Q V) Z O Z Z 2uj a CC z CC w a D w a vW) 0 a w y Z o oa_- o a LL tr-j Z LL Q F> H O y 0. y 7 y !- Z O O U7 Z W H O D S �i Y J J �i H y LL m VJ C G S a O G Q 2 m O SUB-BSMT. BASEMENT 1ST FLOOR 2ND FLOOR 3RD FLOOR O Oo (PRINT OR TYPE) 1r Check One: — C A ] 137 Installing Company Name E,F�1mLa L) )q 9r, Corp. DIX—AN(won Address [S ,/3-jPA�A�jf�P. ❑ Partnership , y�/�L7TT/i�' / �� �6�/ � ❑ Firm/Company Business Telephone M 37T'77-79 Name of Licensed Plumber le c w/NsLIJu) INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent. Check One: Yes No ❑ If you have checked YES, please indicate the type of coverage by checking the appropriate box. A liability insurance policy ❑ Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance voerage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Signature ofOwnerorOwner'sAgent I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under Permit issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. Check on Owner ❑ Acent ❑ SignaTu—re of Licensed Plumber 7939 /&-as 692oeam License Number t Type: Master P Journeyman ❑ I Notice to: Building Inspector This dwelling has been firestoppeddiingaccordance with theYhaSSa M.(crri4�' Firestopping is applied in pene'frations from the exterior to the interior and between floors. This application is in compliance with all local and state interpretations and regulations. All penetrations between the conditioned area and the unconditioned area have been sealed against air infiltration in accordance with the Model Energy Code (MEC) Product(s) used: Find (xL Firestoplin! Company: ,:•. Telephone: 6 �7T Ia' Mechanic's Sienature // Date: i)4 - I F - CIO accc u Making America Safer Approved Form 963 November 1997 TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: PETITION NO.: #3590 March 7, 2000 HEARING DATE: February 24, 2000 PETITIONER: Green Harbor Village, LP PROPERTY: 182 Baxter Ave, West Yarmouth Map:21, Parcel: 3, (17/Sl) Zoning District: R25 PRESENT: David Reid, Chairman, James Robertson, Diane Moudouris, Richard St. George, Robert Reed, Sean Igoe. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and publishing in The Register, the hearing was opened and held on the date stated above. The Petitioner seeks permission by application for special permit pursuant to Sections 104.3.2 and 103.2 of the Yarmouth Zoning By -Law to extend and alter certain lawfully pre-existing non- conforming structures so as to allow the renovation of certain existing villa units and the addition of second floor living space as shown on the Petitioner's plan. The Petitioner was represented at the hearing by its attorney, Edward J. Sweeney, Jr. The Petitioner has submitted plans as follows: A. Site Plan dated December 14, 1999 by Sweetser Engineering B. Elevations and Floor Plans dated 1/16/2000 by Donald I. Meyer, four sheets C. Composite copies of portions of Yarmouth Assessors Maps 21 and 29 D. Land Court Plan 12849 A & B This property has been the subject of extensive prior review and relief granted by this Board of Appeals as follows: A. Petition Number 919 (1969) - Add 20-unit, two-story building to existing motel and cottage colony B. Petition Number 1794 (1981) Document Number 290519 - Repair seawall in conservancy district C. Petition Number 2014 (1984) Document Number 331008 - Addition to garage storage facility D. Petition Number 2700 (1990) Document Number 502795 - Enlargement of two buildings and elimination of one unit E. Petition Number 2815 (1991) Document Number 525932 - Special permit to allow the demolition and reconstruction of two buildings including four units, being Units 37, 38, 39 and 40 F. Petition Number 3050 (1994) Document Number 609208 - Increase size of existing office building G. Petition Number 3130 (1994) Document Number 626446 - Overturned Decision of the Building Commissioner to allow continuance of aquatic recreational activities to guests of four (4) hotels as allowed accessory activities H. Petition Number 3365 (1997) Document Number 689283 - Special permit to allow the expansion and remodeling of 18 existing motel units I. Petition Number 1455 (1977) - Request to construct six additional units denied J. Petition Number 661 (1964) - Request to construct nine seasonal units approved The Green Harbor Village Resort Motel is a legally pre-existing non -conforming use, site and multiple structures, containing 50 units, 86 bedrooms and 50 kitchens. The resort motel has existed since prior to 1940 and was established well prior to the adoption of zoning in Yarmouth in 1945. The prior and current owners have appeared before this Board on several occasions since the 1960's to obtain this Board's approval of the ongoing renovations, remodeling and reconstruction of the site so as to allow the resort to maintain its high level of upkeep and maintenance and to modernize its facilities and services from time to time. The current proposal is to renovate eight buildings comprised of eleven units (units 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55) as shown on the Petitioner's plans. The buildings being renovated meet current setback requirements and current requirements will be maintained. The first floor of the buildings which are currently bowed will maintain the current footprint. A squared off second floor will be added to each building and the existing kitchens in each building will be modernized, enlarged and upgraded. No new units, bedrooms or kitchens will be added. Occupancy will not be increased. The use will remain as a seasonal resort motel and no change or extension of the use is requested or proposed. The Petitioner has successfully completed site plan review. No one appeared in opposition to this proposal. One concern was expressed relative to the portion of the site within the flood plane. After preliminary review of the elevation, the Building Inspector determined that some of the buildings may need to be raised slightly, approximately 1.65', in order to comply with the applicable elevation requirements. The Board also expressed concern for this type of renovation, in general, since other motels have, in the past, been converted to condominium use, and larger more modem units are probably more attractive for such a change. However, no such change of use or form of ownership or operation is proposed for this site. The Board finds that the requirements of Sections 104.3.2 and 103.2 have been met. The Board also finds that, as proposed and as represented: A. The extension and alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. B. The applicant has demonstrated that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. C. The alteration or extension both: (L) Conforms to the current dimension requirements of the bylaw and increase the existing nonconforming nature of the structure, and (2.) Will not be substantially more detrimental to the neighborhood, zoning district, or Town, and; D. The extension or alteration will not cause or contribute to an y undue nuisance, hazard or congestion, and; E. Strict enforcement of the current bylaws would result in undue hardship to the property or its owner. Therefore, a Motion was made by Mr. Robertson, seconded by Mr. Reed, to grant the Special Permit as requested and as represented, in order to allow the Petitioner to renovate, remodel and expand eight buildings containing units 45 through 55 as shown on the Petitioner's plans as submitted. No additional kitchens. units or bedrooms will be added. Current allowed occupancy shall not be increased. The use shall remain as a seasonal resort motel. The members voted unanimously in favor of this motion. Therefore, the Special Permit as requested is granted. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c4OA section 17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk TOWN OF YARMOUTH BUILDING PERMIT, . 4,34 - 3 - 19-01 FIELD COPY cc. iscf3 DATponiarch 19, 2001 PERIAIT NO. P'01-595 APPLICANT David Saura ADDRESS 49.2 20 Nnrth Main Street C_Y_ s'S 072$66 (NO) (STREET) 02664 (CONTR'S LICENSE) PERMIT TO addition NUMBER OF (_) STORY DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT (LOCATION) l82 Baxter Ave.) W.Y. 02673 DIONG TIRICT R 25 (NO) } (STREET) l BETWEEN AND (CROSS STREET) (CROSS STREET) SUBDIVISION LOT LOT .51 BLOCImap 17 SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE 5 A USE GROUP R BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: reconatruIct an existing free standing buiidUg-, housing the off -lee for the motel, by adding a second floor, within the existing footprint. AREA OR VOLUME. (CUBIC/SQUARE FEET) ESTIMATED COST $ R1,400_90 FEEMIT $2$q.. 00 OWNER GrApr Rarbnv Rj,llagp ADDRESS 70 Nnrf-h Main S'� S Y- (L664 By ILDING DEPT. I Jr INSPECTION RECORD DATE NOTE PROGRESS - CORRECTIONS AND REMARKS INSPECTOR �• o 0 0 o� o 0 o• e o 0 0 � o o• e e �� o I�I J1, % .:' iki-a .`ems-. 'f-` Y `� f -'Yfj -)X '%-' _. +`.� .i• S _ ,:' Jfl ltk T � A y i o s -- Requiired_ Provided,' Required Provided Re * ` --� - •eG�.u- �iBG�,-I/F/GG4-_ P _�C, v -� o2lO �i/OQ�I)_n%'F _ �TAaiIPng _ -- Address: -- - Telephone- - - Telephone- -%Jt./ram �=�•SLv�E � :.>. .- - - - � -- �'�/�/f/�2X-1- (Pnntj= - , - - - - _7=��1: - - Mailing -Address: --- - - - _ --- - Sgnaiure -- -- -- - - -Telephone - - - - - Licensed Constructro'n-Supervrsorr_ - 7- \��1, � � Expire — tt = -_ Telephone _- -- '9 - 15 = 99-.: ' - - - _ -- - - 1 of 4 - - -- - WE _ Pwt NON SO WE Ow— — • � l � [®s '� �z `�- �SM-.`0 - ��-- P—- - Tele one;- rta o Dom"—" '- -�A��eaoPo - - ate. Jp� �,_..r'�_.--� '� m- 1d' [d eSS e9is . Will - - "'Arrea o Reseons6 iiv t�um -' - a - - b�Co"f�is`" c � ���� ���- '� � `� - �-�` �� '` �� •si6le WORK— New Construction -.Q -(for multiplefamily only) -No:of Bedrooms=_ (for multiple family only)_ No. of.Bathrbio _ Existing Bldg - Remir(s) -Q , _ Alterations Addition Acoe9sory'Bldg- O_,Type Demolition Other = Specify.: Brief Description of Proposed Work: —3 �OFS7 - Building Use;Group"(Cheokas applicapatile)_ _ ConstruotiorrType - -- - A -.ASSEMBLY _ ..Q-_ - A-1 Q A-2 Q A-3 - 1A -Q--- . - . __-- B' BUSINESS_�A Q - - - -E--EDUCATIONAL. Q. FACTORY Q - F-1,. Q =-F-2 Q - - _ .2C -I 3A _- I .INSTR11710NAL, Q - 1-.1 El - I=2 .Q-- - 1-3Q_-_ -- _3B -Q_ - - - - M MERCHANTILE Q _ - - - - - - -4-- _ _ -R-=_RESIDENTIAL - Q - _ _ R-7. ❑_ _ R.-2 R 3 Q - SA -I S=`STORAGE -_ - Q - _ - SJ Q. &2 ❑ y SB U- un rrY - - -❑ - - - - SPECIFY: _ M ;MIXED USE _ SPECIFY: _ _- - - S-'SPELUSE CA J] - -_ - SPECIFY. ` -- xiseng Vse Group: - - - - - -- - - - _ Proposed Use Group- - - IE isting-Hazard Index 780,CMR"s4 - - - - Proposed -Hazard Index 780-CMR 34 - Boilding Area -- - I - -Existing (if applicable) - _ Proposed`- - - Nambe'r- include basement levels- _ - FlgeiA[ea pe[Froor(sf) ---c;"- Tofal Height _(ft) t - 084 Eau - _ - Independent Structural Engineering Structural Pee[Remew Required,- 'Ads .... :..... No. - -- as Owner of the subject propeity hereby authorize _ 9+�1 e� to acton - eliaif,-fn all m ers relativeao work authorized by this building permit application. - '_ `- 03�tt<�QL - Signature -of Owner - - ---- - - -- - - - ate- -.- --9-45-99 - 3 of 4 - - - - _ OVER- f my-now�edge;aod belief: _ tlee paps-and-eoaitie`s ofpe�)u_ry - -sbmated�Ciost(QWlars) pe tA7%��-�fi"�'��-- areFL{mrcrew�� ap bie �� mser�aUon�Co mm sronFihng x Y _ l n �o- — pF'YA OWN OF YARMOUTH BUILDING DEPARTMENT BUILDING PERMIT APPLICATION SIGN OFF Applicant: -''/'<'-" Building Permit No.: Address-WeI A4 /%'N'V-5'f- s' y' 'V0"%I'el.No.:Xs 'azlf3 Date Filed: 3 B- o/ lPe2 B9)rYYc 4-e- OF�iCP Bldg. Site Location: Map No.: Lot No.: 3 The following information outlines the procedural steps required to obtain a permit to build, alter, or add to a structure within the Town of Yarmouth. The Building Department will determine compliance to the following: (A) Zoning Requirements (B) Historical Districts (C) Flood Zones. The Building Department will be responsible for assisting the applicant through the following departments: RESIDENTIAL AND/OR COMMERCIAL BUILDING WATER DEPARTMENT: Determines Compliance of Water Availability. (applicant to obtain) ENGINEERING DEPARTMENT: Determines Compliance for Parking and Drainage. CONSERVATION COMMISSION: Determines Compliance to Wetlands Acts; i.e., If Lot(s) Border any Type of Wetlands, Streams, Ponds, Rivers, Oceans, Bogs, Bays, Marshland, Etc. HEALTH DEPARTMENT: Determines Compliance to State and Town Regulations; i.e., Requirements for Septage Disposal and other Public Health Activities. FIRE DEPARTMENT: Determines Compliance to State and Town Requirements for Personal Safety, Property Protection; i.e., Smoke Detectors, Sprinkler Systems, Etc. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — The fol roving Departments must sign off, in the respective order, prior to building inspector issuing the required building permit: REVIEWED BY- 1. WATER DEPARTMENT: 2. ENGINEERING 3. CONSERVATIO: 4. HEALTH DEPAI 5. WIRING INSPECTOR- 6. PLUMBING INSPECTOR- 7. FIRE DEPARTMENT: PLEASE NOTE All stumps and/or brush must be disposed of at an approved site. C OMMRNTS. DATE: 2-e.' o l N/A: N/A: N/A: N/A: DATE: DATE: N/A: N/A: DATE: N/A: 8/99 Applicant Signature 2 Date 3//7/O /11 OF'Y�1 Ro TOWN OF YARMOUTH �„,,....,x BUILDING DEPARTMENT � tom. �� CONSTRUCTION SUPERVISOR FORM PLEASE PRINT: 1 Job Location: Number Street Village Owner of Property: wee' ��80 �iL� 9 e G. �- Construction Supervisor: -U"' 1' Name gc, ed C'S ow86& 399-.�a93 License No. Address: 40 410e� h ��,� -57'- .4FV L1y-h Licensed Designee: /QiC RDA® /gib ��PJO CAS OV6 k'M (If other than Supervisor) Name License No. 2.15 Responsibility of each license holder: Phone No. 2.15.1 The license holder shall be fully and completely responsible for all work for which he is supervising. He shall be responsible for seeing that all work is done pursuant to the state building code and the drawings as approved by the building official. 2.15.2 The license holder shall be responsible to supervise the construction, reconstruction, alteration, repair, removal or demolition involving the structural elements of building and structures only pursuant to the state building code and all other applicable laws of the commonwealth, even though he, the license holder, is not the permit holder but only a subcontractor or contractor to the permit holder. 2.15.3 The license holder shall immediately notify the building official in writing of the discovery of any violations which are covered by the building permit. 2.15.4 Anylicensee who shall willfullyviolate subsections 2.15.1, 2.15.2 or 2.15.3 or anyother section of these rules and regulations and any procedures, as amended, shall be subject to revocation or suspension of license by the board. 2.16 All building permit applications shall contain the name, signature and license number of the construction supervisor who is to supervise those persons engaged in construction, reconstruction, alteration, repair, removal of demolition as regulated by section 109.1.1 of the code and these rules and regulations. In the event that such licensee is no longer supervising said persons, the work shall immediately cease until a successor license holder is substituted on the records of the building department. 2.17 The license holder shall be responsible for requesting all required inspections. Failure to do so may be deemed a violation of the permit conditions. I have read and understand my responsibilities under the rules and regulations for licensing construction supervisors in accordance with section 109.1.1 of the state building code. I understand the construction inspection procedures and the specific inspection as called for by the building official. INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch.152 Yes EJ No ❑ If you have checked ryes, please indicate the type coverage by checking the appropriate box. A liability insurance policy ❑ Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by CK,Tter 152 of Jhe Mas�eneralnd that my signature on this permit application waives this requirement. Check one: Signature of Owner o Owner's Agent Owner ❑ Agent 4�]" Signature: Building Official Approval: 13KI:D26S PG10S S9785 09--28-2000 12 09 = 29 TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: August 23, 2000 PETITION NO: #3628 HEARING DATE: August 10, 2000 PETITIONERS: Green Harbor Village, L.P. PROPERTY: 182 Baxter Avenue, West Yarmouth Map: 21 Parcel: 3 Zoning District: R25 RECEIVED 'AUG 23 m12m28 OWN CLERK & TREASURER SOUTH YARMOUTH, MA . MEMBERS PRESENT AND VOTING: David Reid, Chairman James Robertson„ Diane Moudouris, Douglas Campbe% Roger Tuttle. It appearing that notice of said hearing has been given by sending notice thereof to the petitioners and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice ofthe hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner proposes to reconstruct an existing free standing building, housing the office for this existing hotel/mowl use, by adding a second floor, within the existing footprint. As the property is located in the R25 zone, the use is non -conforming and a Special Permit is required The proposed alterations will add a full second floor area, which will be accessible only from an outside staircase. The new floor will house computer equipment and records, and will provide a limited work area for employees. No customer area will be added. The first floor will remain the customer/guest service area, as presently exists. The design of the building is shown on the building plans filed with the board The new building will be larger, and not otherwise more non -conforming than the existing building. The use of the building will not be altered, and the motel use will not be substantially altered or increased. The petitioner will comply with the Site Plan Review recommendations, including the installation of a fire alarm system. . No one appeared in opposition to the proposal. A motion was made by Mr. Robertson, seconded by Mrs. Moudouris, to grant the S per §104.3.2, as requested and as represented. The members voted nnanimousl *y r motion. 0," No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A §17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. 0,40 David S. Reid, Clerk 2 Appeal#3628 THE COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: September 13, 2000 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit bad been granted Address: 182 Baxter Avenue City or Town: West Yarmouth, MA 02673 affecting the rights of the owner with respect to land or buildings- at: 182 Baxter Ave. West Yarmouth. Assessor's Map: 21 Parcel: 3 (17IS1), Zoning District: R25 And the said Board of Appeals further certifies that the decision attached hereto is a hue and correct copy of its decision granting said Special Penmi4 and that copies of said decision, and of all plans referred to in the decision, have been filed with the Planning Board and the Town Clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section i 1 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. David S. Reid, Clerk CERTIFICATE-S.P#3828.WPD TOWN OF YARMOUTH TOWN CLERK CERTIFICATION OF TOWN CLERK I, George F. Barabe, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals decision #3628 and that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. Clerkcertification#3628.wpd The Commonwealth of Massachusetts Department of Industrial Accidents elBce ellereSoffivess 600 Washington Street Boston, Mass. 02111 Workers' Compensation Insurance Affidavit name: ��tae�L/ 14Z9�BO� I/ /G��¢r-1 E' -Z . /,0. location: %9'a CQ cnA* W ohane M 13 M I am a homeowner performing all work myself. I am a sole proprietor and hase no one working in any capacity lET-1 am an employer pros idino workers' compensation for my employees working on this job comoanvname:/J'ri��'d�0'e� v�/L��''�g Z70 address: Flo /GiJ� 's/—', city: n�Ql/7/"rJ \/'9-'��iJJn'�Gt/7-�i phone#:1WW I3 insurance co. /�?�2��.9�' dl/f'/'e-11 ooiicv #l!/'C'�! eam a sole proprietor. general contractor. or homeowner (circle one) and have hired the contractors listed below ssho have the follow ing workers' compensation polices: Failure to secure coverage as required under Section 25A of MGL I52 me lead to the imposide m of criminal penalties of a nae up to 31.5ml as &motor one years' imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of SI00.00 a day against me. I aaderstamd that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. 1 do hereby ify under the pains and penalties of perjury that the information provided above is true and correct Signature ate Print name ��� J' (/�C/ Phone # 739g"'c-)a *2 3 official use only do not write in this area to be completed by city or town official city or town: YARMODT$ check if immediate response is required permitAicense # riBuilding Department pLicensing Board 261 OSelectmen's Office (508} 398 2231 t QHealth Department phone #; _ __ es • nOther contact person: (reused i.95 PIA) Information and Instructions Massachusetts General Lasys chapter 152 section 25 requires all employers to provide workers' compensation for their enaplo%ees. As quoted from the "lass", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an indis idual. partnership, association. corporation or other legal entity, or any two or more of the foregoing engaged in ajoint enterprise. and including the legal representatives of a deceased employer, or the receiver or trustee of an individual , partnership, association or other legal entity, employing employees. However the ossner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dss elling house of another st ho employs persons to do maintenance , construction or repair work on such dwelling house or on the wounds or building appurtenant thereto shall not because of such employment be deemed to be an emplo%er. %lGL chapter 152_ section 25 also states that even.state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any :applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additional]\. neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter has e been presented to the contracting authority. Applicants Please till in the workers' compensation affidavit completely, by checking the box that applies to your situation and supply ink* company names. address and phone numbers as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidas it should be returned to the city or town that the application for the permit or license is being requested. not the Department of Industrial accidents. Should you have any questions regarding the "law" or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents since of hlnstllfatlaoa 600 Washington Street Boston, Ma. 02111 fax #: (617) 727-7749 phone #: (617) 7274900 ext. 406, 409 or 375 TOWN OF YARMOUTH 1146ROUTE28 SOUTHYARMOUTH MASSACHUSETTS02664-4451 Telephone (508) 398-2231, Ext. 261 — Fax (508) 398-2365 BUILDING DEPARTMENT DEMOLITION DEBRIS DISPOSAL AFFIDAVIT BUILDING ELECTRICAL GAS PLUMBING SIGNS Pursuant to M.G.L. Chapter 40, Section 54 and 780 CMR, Chapter 1, Section 111.5, I hereby certify that the debris resulting from the proposed work/demolition to be conducted at /Po2 B 9X �c� i4 Li✓ Work Address is to be disposed of at the following location: �, 7 -� Said disposal site shall be a licensed solid waste facility as defined by M.G.L. Chapter 111, Section 150A. Signature of Applicant Permit No. eg Oi a/ ate TOWN OF YARMOUTH APPLICATION FOR HEARING Appeal #: Hearing Date: Fee$. Applicant: (rANJ aR VLGGf,1 C (Full Name- including d/b/a) 190 N. ,v1 A/Al d Ae- i91JT l Da h 6 l / 34V - 9993 (Address) 1 (zip) (Telephone Number) and is the (check one) Owner ❑ Tenant ❑ Prospective Buyer ❑ Other Interested Party Property: This application relates to the property located at: /$2 A4)(76/L 4yf— JAI-V APMOdTR which is also shown on the new Assessor's Ma : a 1 as Parcel: (old Map & Lot #) 14eE_Zoning District: 2 Project: The applicant see] description of the project. i.e.: s permission to undertake the following construction/use/activity :(give a brief "add a 10' by 15' deck to the front of our house" or "change the use of the existing RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: 0_REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated (attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. 2)_.�( SPECIAL PERMIT under of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 3)_VARIANCE,frolp le Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: Relief sought: Section: Relief sought: Section: Relief sought: Additional comments: FACT SHEET This sheet must be completed and filed at the time of application. Owner of Property (if other than applicant) 34M t- fi5 "MKI C AW " (Full Name) ( Address) (Telephone Numbdr) How long has the owner had title to the above premises: YEAV, S 4— (Give title reference if available) Use Classification: Existing: R'7§202.5 # 117 Proposed: SAMe-- §202.5 # Is the property vacant: 1V0 How long has it been vacant: Lot Information (if available) Area: % I C/LQ ° Subdivision/Plan Reference: / Is this property within the Aquifer Protection Overlay District: Yes No Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or will review this project, and indicate the status of their review process: 9( 4-r- T (0/Y1- V x &- J Repetitive Petition: Is this a re -application: 6— If yes, do you have Planning Board Approval: Prior Relief. If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the Appeal number(s) and other available information: /&-� /9-7 )A 32�/_ e- A/OA/On )*� a70 d ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: Building Inspector's Signature Site Plan Review equired Yes ❑ No Comple ❑ Yes 140 � ���°� � JUL � 7 2000 SY _.„� n�N� Pu'of-'a— /Yl/ /2eUie �gP, yU�`t she, L C/aL �j�qN SPvllpo &-7 OK 1326 5 PG 103 9785 03--26-2 0t00 & 08 229 TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: August 23, 2000 PETITION NO: #3628 HEARING DATE: August 10, 2000 PETITIONERS: Green Harbor Village, L.P. PROPERTY: 182 Baxter Avenue, West Yarmouth Map: 21 Parcel: 3 Zoning District: R25 RECEIVED TG`r' N CLERK & TREASURER SOUTH YARMOUTH, MA PRESENT AND VOTING: David Reid, Chairman James Robertson„ Diane Moudouris, Douglas Campbell, Roger Tuttle. It appearing that notice of said hearing has been given by sending notice thereof to the petitioners and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner proposes to reconstruct an existing free standing building, housing the office for this existing hotel/motel use, by adding a second floor, within the existing footprint. As the property is located in the R25 zone, the use is non -conforming and a Special Permit is required. The proposed alterations will add a full second floor area, which will be accessible only from an outside staircase. The new floor will house computer equipment and records, and will provide a limited work area for employees. No customer area will be added. The. first floor will remain the customer/guest service area, as presently exists. The design of the building is shown on the building plans filed with the board The new building will be larger, and not otherwise more non -conforming than the existing building. The use of the building will not be altered, and the motel use will not be substantially altered or increased. The petitioner will comply with the Site Plan Review recommendations, including the installation of a fire alarm system. No one appeared in opposition to the proposal. A motion was made by Mr. Robertson, seconded by Mrs. Moudouris, to grant the Special Permit, per § 104.3.2, as requested and as represented. The mem ously in favor of the motion. I BK 1 26S PG 104 SS r 8S No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A § 17 and must be filed within 20 days after the filing of this noticeldecision with the Town Clerk. 0,5i�o 1 David S. Reid, Clerk Appeal #: b3 a 2 TOWN OF YARMOUTH BOARD OF APPEALS APPLICATION FOR HEARING Hearing Date: 2110 / 0 Fee$ 65 • to .;-e Neem Muir✓ S T. (Address) and is the (check one) X Owner UICC ACF L - Name- including d/b/a) S'- (zip) (Telephone Number) ❑ Tenant ❑ Prospective Buyer ❑ Other Interested Party Property: This application relates to the property located at: /S;L 64X lt/: qt/E, W- y�/-fw,('7H which is also shown on the new Assessor's Map: ,,Z as Parcel: 3 (old Map & Lot #) ! LU% Zoning District: /2—,3 Project: The applicant seeks permission to undertake the following construction/use/activity :(give a brief description of the project. i.e.: "add a 10' by 15' deck to the front of our house" or "change the use of the existing building on the property"): cy iEIY� rty(M16r nv� 017-t-,2 n c1X7 ;1V PKC CXl ciiti1G AW;v-eCure1? Li rn16 1Zlr- cr< 7rr -N Frn"'lf" S j2g70% &,-V4S gPPX'Q1r1,gTC RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: 0_REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated (attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. -) X SPECIAL PERMIT under § / o `%• 5 9- of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 3)_VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section. specify the relief sought: Section: Relief sought: Section: Relief sought: Section: Relief sought: Additional comments: FACT SHEET This sheet must be completed and filed at the time of application. Owner of Property (if other than applicant) (Full Name) ( Address) (Telephone Number) How long has the owner had title to the above premises: �5 I S (Give title reference if available) Use Classification: Existing: A7 iiD`C 40�L §202.5 # lA Proposed: 5Ai61§202.5 # Is the property vacant: No How long has it been vacant: Lot Information (if available) Area: 7• & ej&�V Subdivision/Plan Reference:. No Is this property within the Aquifer Protection Overlay District: Yes Other Department(s) Reviewing Project: Indicate the this project. and indicate the status of their review proce Repetitive Petition: Is this a re -application: P If yes, do you have Planning Board Approval: Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the Appeal number(s) and other available information: i/J 7 --)� 336 5- /;3 3&Q-) i i/) '�k _3S9O ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: 1� Building Inspector's Signature Site Plan Review Required Completed )KYes ❑ No ❑Yes] No Comments, Continued Page 2 M111MAIM Div. En ineerin `Div. Water Div. Fire DeDt. Design Review READ & RECEIVED BY APPLICANT(S) Last Fam Revision &30l99 Comments, Continued Page 2 Buildina Div. �-� ' Water Div. Fire Comments, Continued Page 2 Planning Div. Water Div. 11,.,_.2— Fire READ & RECEIVED BY APPLICANT(S) Last Form Revision NOW TABLE 2 APPLICATION FOR SITE PLAN REVIEW SUBMISSION DATE-6/a`/%00 REVIEW DATE: TIME: ASSESSOR'S MAP REF. NO. a l LOT NO. 3 2 o rl(l-f LOCATION OF PROJECT: !Sa dAx IqyC' t NAME OF PROJECT: gle6Z-W NOl/z6o/curo�a�� APPLICANT NAME: G2�n/i��3/ S q�cmo,-rN APPLICANT ADDRESS/PHONE NO.: do . tv- mfI ItV `/ OWNER NAME If not applicant): 5 Ame t:rs `aaq 3 OWNER ADDRESS/PHONE NO.: � Al- �P r a( ENGINEER/SURVEYOR: Stv�£ r,c>z �tUG//!£Eai+VG, S.7e7t/rv,S TITLE REFERENCE: REGISTRY SURVEY: ❑ CHECK IF A R.O.A.D. PROJECT DESCRIPTION OF PROJECT (Attach additional pages, if necessary): UPG,eAn&- 1=Rotvl 0FFI(fF /3utC/)/n/G Ai -774F 61eEEA flf et3c2 P :So0-T To iNCeE �f15 TH£ P-c,2 S Pflc c 'qS wc(L /iS , E/vnfilvice /Mo/)/Fk/ GkTee/ol� gPPi:A�aNcc or THE r3ur6lDlev6 io /Y]AiCt� 7FIc ��SIGv�>lI£STNETrc >PCNovAitorvS 'f"Hta rv7L1 7H��tGN% .SVo2PUuNr�/QVG U1GGA VNtTS �HS A-FPRove� un/AIVjm0VsL�' f 1H, �oAR>> of Ar'P�f/L S oN a lay/avva — PC%rTrorv"Y' 3-90) ZONING DISTRICT: /2-2 S APD? (Y/N) Al' FLOOD ZONE:. C BUILDING SIZE (Square feet): BASEMENT: FIRST FLOOR: SECOND FLOOR: MAXIMUM NUMBER OF EMPLOYEES: `f TOTAL NUMBER OF RESTAURANT SEATS: NA IS THE PROJECT WITHIN 100 FEET OF A WETLAND? (Y/N) /l/ DO YOU USE, HANDLE, STORE, OR PRODUCE HAZARDOUS MATERIALS OR OILS? (Y/N) f�f If yes, attach list, by name and quantity. Attach MSDS sheets. Provide a description of proposed method of storage, handling, and disposal. Include a description of emergency spill & containment procedures. SIGNED: t r Submit 8 copies of this completed form, any hazardous material information mentioned above, floor plans, and a site plan, containing all of the information outlined in Zoning Bylaw section 103.3.3, to the Building Division in order to get your project on the Site Plan Review agenda. Building elevations and architectural drawings are required for new or substantially reconstructed buildings in B1 and B2 commercial districts south of Route 6. A 91 copy of the site plan will be required if the project is within 100 feet of a wetland. L" 1s, lass YARMOUTH HEALTH DEPARTMENT. HANDLING & STORAGE OF TOXIC OR HAZARDOUS MATERIALS REGISTRATION FORM 1. Written description of business to include, a. Business owner's name, address, phone number b. Name of business c. Business operation d. Hours of operation e. Number of employees 2. List of all hazardous materials and quantities to be used or stored in the business operation. Hazardous materials include, Oils, Gasoline, Automobile Fluids, Paints, Glues, Chemicals, and other products that may be considered harmful to public Health and the Environment. 3. M.S.D.S. (Material Safety Data Sheets) for each product used 4. Floor plan: a. Floor drains, number and location b. Chemical storage area, bermed area (15011a capacity requited) 5. Town water or well. 6. Method of solid waste disposal: a. Dumpster b. Rag service 7. Emergency spill containment plan/procedure must include names and phone numbers of contact persons at appropriate State and Town Departments such as, but not limited to: a. D.E.P. b. Health Department c. Fire Department d Hazardous Waste Disposal Company e. Owner of property if rented or leased 8. Hazardous Waste Removal: a. Licensed hazardous waste company - name, address b. Frequency (number of times per month, year that waste is roved). c. Quantities generated/removed 9. Is the site located within the Aquifer Protection District: yes or no The Health Department is registering all businesses that use or store toxic or hazardous materials under the Town of Yarmouth's Hazardous Waste Regulation, Handling and Storage of Toxic Materials. Your cooperation is appreciated If there are any questions regarding this registration form, please call the Health Department at 398-2231 x241. Date: July 7, 2000 To: ❑ ASSESSOR ❑ BOARD OF APPEALS 13"BUILDING DEPARTMENT CKCONSERVATION ff-trDESIGN REVIEW ECONOMIC DEVELOPMENT From: Building Department [!'ENGINEERING DEPT. C-FIRE DEPARTMENT [T'HEALTH DEPARTMENT ❑ HISTORIC COMMISSION E'PLANNING DEPARTMENT C"WATER DEPARTMENT Subject: Site Plan Review Agenda for July 11, 2000 1. Time 1:30 pm Lot No: 3 Map Ref: 21 Name of project: Location of project: Applicant name: &.Q Green Harbor 182 Baxter Ave., W.Y. Green Harbor Village TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 260 June 22, 2000 Mr. David Sauro Davenport Building 20 North Main Street So. Yarmouth, MA. 02664 Re: 182 Baxter Ave. Dear Mr. Sauro: I am in receipt of your building permit applications received June 7, 2000, on which you propose to perform the following work: Construct second story additions to unit numbers 52-53, 50-51, 54-55, 45, 46, 48, 49, 47 After having reviewed said application I have determined that this would be in violation of 780 CMR State Building Code, Sections) 3107-Flood Resistant Construction The information submitted with the permit application packages does nit include the required documentation for the applicable flood zone in which the structures fie. Substantial Improvements, as defined by Section 3107 shall be addressed prior to the issuance of the permits. Therefore, you are required to contact this office before proceeding with said work pursuant to Section 110. Very truly, - James D. Brandolini, CBC BuildingCommissioner JDBAk . Umi"Opodc 0 DOC:795,890 03-28-2000 3.32 Appeal #3590- THE COMMONWEALTH OF MASSACHUSETTS 9V TOWN OF YARMOUTH BOARD OF APPEALS Date: March 27, 2000 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit had been granted To: Green Harbor Village, L. P. Address: 20 North Main Street City or Town: South Yarmouth, MA 02664 affecting the rights of the owner with respect to land or buildings at: 182 Baxter Avenue, West Yarmouth. Assessor's Map: 21 Parcel: 3 (117/Sl), Zoning District: R25 And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the Planning Board and the Town Clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any V extension, modification or renewal thereof; shall take effect until a copy of the decision bearing the certification of the Town Clerk that thirty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applica David Reid, Chairman CERTIRCSP.WPD F� T U T � X MAR 7 2000 D Daniel E. Braman PE 189 Harbor Point Road By Cummaquid, MA 02637 (508)362-6016 Board of Realtors Building West Yarmouth, MA Project: 19299 3/6/00 To: James D. Brandolini, Town of Yarmouth Gerry Dineen, McShane Construction In accordance with the Massachusetts State Building Code requirement for Controlled Construction and my proposal of 2/18/00; I made site visits on 2/25/00, 3/2/00 and 3/3/00 to inspect the placement of the reinforcing bars for the walls. I found that the reinforcing bars have been placed in accordance with the approved plans and the Building Code requirements. Cc: Henry DiGiacomo, RCE C&I Association of Realtors 450 Station Avenue South Yarmouth, MA 02664 Invoice attached EV ® ,%,l% OF 414sx ® o� DANIEL E. y� e a BRAMAN s eSTRUCTSR�AL N ► �►�``SS/ONAL �M6`��� a C10C:795,890 03- ' -2000 3 32 Appeal #3590_ e.� - ? - /S -oo THE COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH �I BOARD OF APPEALS ry7 Date: March 27, 2000 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit had been granted To: Green Harbor Village L. P. Address: 20 North Main Street City or Town: South Yarmouth, MA 02664 affecting the rights of the owner with respect to land or buildings at: 182 Baxter Avenue, West Yarmouth. Assessor's Map: 21 Parcel: 3 (117/Sl), Zoning District: R25 And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the Planning Board and the Town Clerk. The Board ofAppeals also calls to the attention ofthe owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof; shall take effect until a copy of the decision bearing the certification of the Town Clerk that thirty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. David Reid, Chairman CERTIFICSP. WPD A FILED WITH TOWN CLERK: PETITION NO.: HEARING DATE: PETITIONER: PROPERTY: TOWN OF YARMOUTH BOARD OF APPEAL DECISION #3590 March 7, 2000 February 24, 2000 Green Harbor Village, LP 11� i r!L 5:i ?.zo i 182 Baxter Ave, West Yarmouth Map:21, Parcel: 3, (17/Sl) Zoning District: R25 MEMBERS PRESENT: David Reid, Chairman, James Robertson, Diane Moudouris, Richard St. George, Robert Reed, Sean Igoe. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and publishing in The Register, the hearing was opened and held on the date stated above. The Petitioner seeks permission by application for special permit pursuant to Sections 104.3.2 and 103.2 of the Yarmouth Zoning By -Law to extend and alter certain lawfully pre-existing non- conforming structures so as to allow the renovation of certain existing villa units and the addition of second floor living space as shown on the Petitioner's plan. The Petitioner was represented at the hearing by its attorney, Edward J. Sweeney, Jr. The Petitioner has submitted plans as follows: A. Site Plan dated December 14, 1999 by Sweetser Engineering B. Elevations and Floor Plans dated 1/16/2000 by Donald I. Meyer, four sheets C. Composite copies of portions of Yarmouth Assessors Maps 21 and 29 D: Land Court Plan 12849 A & B L.or q ecep7W6- 4c73 .-;2.c3 This property has been the subject of extensive prior review and relief granted by this Board of Appeals as follows: R A. Petition Number 919 (1969) - Add 20-unit, two-story building to existing motel and cottage colony B. Petition Number 1794 (1981) Document Number 290519 - Repair seawall in conservancy district C. Petition Number 2014 (1984) Document Number 331008 - Addition to garage storage facility D. Petition Number 2700 (1990) Document Number 502795 - Enlargement of two buildings and elimination of one unit E. Petition Number 2815 (1991) Document Number 525932 - Special permit to allow the demolition and reconstruction of two buildings including four units, being Units 37, 38, 39 and 40 F. Petition Number 3050 (1994) Document Number 609208 - Increase size of existing office building G. Petition Number 3130 (1994) Document Number 626446 - Overturned Decision of the Building Commissioner to allow continuance of aquatic recreational activities to guests of four (4) hotels as allowed accessory activities H. Petition Number 3365 (1997) Document Number 689283 - Special permit to allow the expansion and remodeling of 18 existing motel units I. Petition Number 1455 (1977) - Request to construct six additional units denied J. Petition Number 661 (1964) - Request to construct nine seasonal units approved The Green Harbor Village Resort Motel is a legally pre-existing non -conforming use, site and multiple structures, containing 50 units, 86 bedrooms and 50 kitchens. The resort motel has existed since prior to 1940 and was established well prior to the adoption of zoning in Yarmouth in 1945. The prior and current owners have appeared before this Board on several occasions since the 1960's to obtain this Board's approval of the ongoing renovations, remodeling and reconstruction of the site so as to allow the resort to maintain its high level of upkeep and maintenance and to modernize its facilities and services from time to time. The current proposal is to renovate eight buildings comprised of eleven units (units 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55) as shown on the Petitioner's plans. The buildings being renovated meet current setback requirements and current requirements will be maintained. The first floor of the buildings which are currently bowed will maintain the current footprint. A squared off second floor will be added to each budding and the existing kitchens in each building will be modernized, enlarged and upgraded. No new units, bedrooms or kitchens will be added. Occupancy will not be increased. The use will remain as a seasonal resort motel and no change or extension of the use is requested or proposed. The Petitioner has successfully completed site plan review. No one appeared in opposition to this proposal. One concern was expressed relative to the portion of the site within the flood plane. After preliminary review of the elevation, the Budding Inspector determined that some of the buildings may need to be raised slightly, approximately 1.65', in order to comply with the applicable elevation requirements. 2 The Board also expressed concern for this type of renovation, in general, since other motels have, in the past, been converted to condominium use, and larger more modern units are probably more attractive for such a change. However, no such change of use or form of ownership or operation is proposed for this site. The Board finds that the requirements of Sections 104.3.2 and 103.2 have been met. The Board also finds that, as proposed and as represented: A. The extension and alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. B. The applicant has demonstrated that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. C. The alteration or extension both: (1.) Conforms to the current dimension requirements of the bylaw and increase the existing nonconforming nature of the structure, and (2.) Will not be substantially more detrimental to the neighborhood, zoning district, or Town, and; D. The extension or alteration will not cause or contribute to an y undue nuisance, hazard or congestion, and; E. Strict enforcement of the current bylaws would result in undue hardship to the property or its owner. Therefore, a Motion was made by Mr. Robertson, seconded by Mr. Reed, to grant the Special Permit as requested and as represented, in order to allow the Petitioner to renovate, remodel and expand eight buildings containing units 45 through 55 as shown on the Petitioner's plans as submitted. No additional kitchens, units or bedrooms will be added. Current allowed occupancy shall not be increased. The use shall remain as a seasonal resort motel. The members voted unanimously in favor of this motion. Therefore, the Special Permit as requested is granted. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. ar _ David S. Reid, Clerk TOWN OF YARMOUTH TOWN CLERK CERTIFICATION OF TOWN CLERK I, George F. Barabe, Town Clerk, Town of Yarmouth, do -hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals decision #3590 and that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. Clerkcertification.wpd FILED WITH TOWN CLERK: TOWN OF YARMOUTH BOARD OF APPEALS DECISION �1 March 7, 2000 PETITION NO.: #3590 HEARING DATE: February 24, 2000 PETITIONER: Green Harbor Village, LP PROPERTY: 182 Baxter Ave, West Yarmouth Map:21, Parcel: 3, (17/Sl) Zoning District: R25 MEMBERS PRESENT: David Reid, Chairman, James Robertson, Diane Moudouris, Richard St. George, Robert Reed, Sean Igoe. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and publishing in The Register, the hearing was opened and held on the date stated above. The Petitioner seeks permission by application for special permit pursuant to Sections 104.3.2 and 103.2 of the Yarmouth Zoning By -Law to extend and alter certain lawfiilly pre-existing non- conforming structures so as to allow the renovation of certain existing villa units and the addition of second floor living space as shown on the Petitioner's plan. The Petitioner was represented at the hearing by its attorney, Edward J. Sweeney, Jr. The Petitioner has submitted plans as follows: A. Site Plan dated December 14, 1999 by Sweetser Engineering B. Elevations and Floor Plans dated 1/16/2000 by Donald I. Meyer, four sheets C. Composite copies of portions of Yarmouth Assessors Maps 21 and 29 D. Land Court Plan 12849 A & B This property has been the subject of extensive prior review and relief granted by this Board of Appeals as follows: A. Petition Number 919 (1969) - Add 20-unit, two-story building to existing motel and cottage colony B. Petition Number 1794 (1981) Document Number 290519 - Repair seawall in conservancy district C. Petition Number 2014 (1984) Document Number 331008 - Addition to garage storage facility D. Petition Number 2700 (1990) Document Number 502795 - Enlargement of two buildings and elimination of one unit E. Petition Number 2815 (1991) Document Number 525932 - Special permit to allow the demolition and reconstruction of two buildings including four units, being Units 37, 38, 39 and 40 F. Petition Number 3050 (1994) Document Number 609208 - Increase size of existing office building G. Petition Number 3130 (1994) Document Number 626446 - Overturned Decision of the Building Commissioner to allow continuance of aquatic recreational activities to guests of four (4) hotels as allowed accessory activities H. Petition Number 3365 (1997) Document Number 689283 - Special permit to allow the expansion and remodeling of 18 existing motel units I. Petition Number 1455 (1977) - Request to construct six additional units denied J. Petition Number 661 (1964) - Request to construct nine seasonal units approved The Green Harbor Village Resort Motel is a legally pre-existing non -conforming use, site and multiple structures, containing 50 units, 86 bedrooms and 50 kitchens. The resort motel has existed since prior to 1940 and was established well prior to the adoption of zoning in Yarmouth in 1945. The prior and current owners have appeared before this Board on several occasions since the 1960's to obtain this Board's approval of the ongoing renovations, remodeling and reconstruction of the site so as to allow the resort to maintain its high level of upkeep and maintenance and to modernize its facilities and services from time to time. The current proposal is to renovate eight buildings comprised of eleven units (units 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55) as shown on the Petitioner's plans. The buildings being renovated meet current setback requirements and current requirements will be maintained. The first floor of the buildings which are currently bowed will maintain the current footprint. A squared off second floor will be added to each building and the existing kitchens in each building will be modernized, enlarged and upgraded. No new units, bedrooms or kitchens will be added. Occupancy will not be increased. The use will remain as a seasonal resort motel and no change or extension of the use is requested or proposed. The Petitioner has successfully completed site plan review. No one appeared in opposition to this proposal. One concern was expressed relative to the portion of the site within the flood plane. After preliminary review of the elevation. the Building Inspector determined that some of the buildings may need to be raised slightly, approximately 1.65', in order to comply with the applicable elevation requirements. 2 The Board also expressed concern for this type of renovation, in general, since other motels have, in the past, been converted to condominium use, and larger more modern units are probably more attractive for such a change. However, no such change of use or form of ownership or operation is proposed for this site. The Board finds that the requirements of Sections 104.3.2 and 103.2 have been met. The Board also finds that, as proposed and as represented: A. The extension and alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. B. The applicant has demonstrated that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. C. The alteration or extension both: (L) Conforms to the current dimension requirements of the bylaw and increase the existing nonconforming nature of the structure, and (2.) Will not be substantially more detrimental to the neighborhood, zoning district, or Town, and; D. The extension or alteration will not cause or contribute to an y undue nuisance, hazard or congestion, and; E. Strict enforcement of the current bylaws would result in undue hardship to the property or its owner. Therefore, a Motion was made by Mr. Robertson, seconded by Mr. Reed, to grant the Special Permit as requested and as represented, in order to allow the Petitioner to renovate, remodel and expand eight buildings containing units 45 through 55 as shown on the Petitioner's plans as submitted. No additional kitchens, units or bedrooms will be added. Current allowed occupancy shall not be increased. The use shall remain as a seasonal resort motel. The members voted unanimously in favor of this motion. Therefore, the Special Permit as requested is granted. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: PETITION NO.: #3950 March 7, 2000 HEARING DATE: February 24, 2000 PETITIONER: Green Harbor Village, LP PROPERTY: 182 Baxter Ave, West Yarmouth Map:21, Parcel: 3, (17/Sl) Zoning District: R25 MEMBERS PRESENT: David Reid, Chairman, James Robertson, Diane Moudouris, Richard St. George, Robert Reed, Sean Igoe. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and publishing in The Register, the hearing was opened and held on the date stated above. The Petitioner seeks permission by application for special permit pursuant to Sections 104.3.2 and 103.2 of the Yarmouth Zoning By -Law to extend and alter certain lawfully pre-existing non- conforming structures so as to allow the renovation of certain existing villa units and the addition of second floor living space as shown on the Petitioner's plan. The Petitioner was represented at the hearing by its attorney, Edward J. Sweeney, Jr. The Petitioner has submitted plans as follows: A. Site Plan dated December 14, 1999 by Sweetser Engineering B. Elevations and Floor Plans dated 1/16/2000 by Donald I. Meyer, four sheets C. Composite copies of portions of Yarmouth Assessors Maps 21 and 29 D. Land Court Plan 12849 A & B This property has been the subject of extensive prior review and relief granted by this Board of Appeals as follows: A. Petition Number 919 (1969) - Add 20-unit, two-story building to existing motel and cottage colony B. Petition Number 1794 (1981) Document Number 290519 - Repair seawall in conservancy district C. Petition Number 2014 (1984) Document Number 331008 - Addition to garage storage facility D. Petition Number 2700 (1990) Document Number 502795 - Enlargement of two buildings and elimination of one unit E. Petition Number 2815 (1991) Document Number 525932 - Special permit to allow the demolition and reconstruction of two buildings including four units, being Units 37, 38, 39 and 40 F. Petition Number 3050 (1994) Document Number 609208 - Increase size of existing office building G. Petition Number 3130 (1994) Document Number 626446 - Overturned Decision of the Building Commissioner to allow continuance of aquatic recreational activities to guests of four (4) hotels as allowed accessory activities H. Petition Number 3365 (1997) Document Number 689283 - Special permit to allow the expansion and remodeling of 18 existing motel units I. Petition Number 1455 (1977) - Request to construct six additional units denied J. Petition Number 661 (1964) - Request to construct nine seasonal units approved The Green Harbor Village Resort Motel is a legally pre-existing non -conforming use, site and multiple structures, containing 50 units, 86 bedrooms and 50 kitchens. The resort motel has existed since prior to 1940 and was established well prior to the adoption of zoning in Yarmouth in 1945. The prior and current owners have appeared before this Board on several occasions since the 1960's to obtain this Board's approval of the ongoing renovations, remodeling and reconstruction of the site so as to allow the resort to maintain its high level of upkeep and maintenance and to modernize its facilities and services from time to time. The current proposal is to renovate eight buildings comprised of eleven units (units 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55) as shown on the Petitioner's plans. The buildings being renovated meet current setback requirements and current requirements will be maintained. The first floor of the buildings which are currently bowed will maintain the current footprint. A squared off second floor will be added to each building and the existing kitchens in each building will be modernized, enlarged and upgraded. No new units, bedrooms or kitchens will be added. Occupancy will not be increased. The use will remain as a seasonal resort motel and no change or extension of the use is requested or proposed. The Petitioner has successfully completed site plan review. No one appeared in opposition to this proposal. One concern was expressed relative to the portion of the site within the flood plane. After preliminary review of the elevation, the Building Inspector determined that some of the buildings may need to be raised slightly, approximately 1.65', in order to comply with the applicable elevation requirements. 2 The Board also expressed concern for this type of renovation, in general, since other motels have, in the past, been converted to condominium use, and larger more modem units are probably more attractive for such a change. However, no such change of use or form of ownership or operation is proposed for this site. The Board finds that the requirements of Sections 104.3.2 and 103.2 have been met. The Board also finds that, as proposed and as represented: A. The extension and alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. B. The applicant has demonstrated that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. C. The alteration or extension both: (L) Conforms to the current dimension requirements of the bylaw and increase the existing nonconforming nature of the structure, and (2.) Will not be substantially more detrimental to the neighborhood, zoning district, or Town, and; D. The extension or alteration will not cause or contribute to an y undue nuisance, hazard or congestion, and; E. Strict enforcement of the current bylaws would result in undue hardship to the property or its owner. Therefore, a Motion was made by Mr. Robertson, seconded by Mr. Reed, to grant the Special Permit as requested and as represented, in order to allow the Petitioner to renovate, remodel and expand eight buildings containing units 45 through 55 as shown on the Petitioner's plans as submitted. No additional kitchens, units or bedrooms will be added. Current allowed occupancy shall not be increased. The use shall remain as a seasonal resort motel. The members voted unanimously in favor of this motion. Therefore, the Special Permit as requested is granted. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk Comments, Continued Page 2 U N 1V REVIEWERS: Building Div. Health Div. Engineering D'v. Fire Dept. Police Dept. V. Bre ,. * last Fam Revision 6W99 TABLE2 APPLICATION FOR SITE PLAN REVIEW SUBMISSION DATE: /I3IzNW-REVIEW DATE: „Pw; ,,d TIME: •ao ASSESSOR'S MAP REF. NO. z i /-7 LOT NO. 3 S� LOCATION OF PROJECT: NAME OF PROJECT: PROPesL-% ,,?CAi0✓Apv"JS 70 GCFe,v %rr2rae- R T APPLICANT NAME: dkGtlf, '-OP-6G'1e, G APPLICANT ADDRESS/PHONE NO.: Z o iv 12T+t inrar 1V r. OWNER NAME (If not applicant): smnc Ps t4&1','14"'T- OWNER ADDRESS/PHONENO.: om-nOwLT, , ENGINEER/SURVEYOR: swe <<Erz t uc., Dc"ws TITLE REFERENCE: REGISTRY SURVEY: ❑ CHECK IF A R.O.A.D. PROJECT DESCRIPTION OF PROJECT (Attach additional pages, if necessary): (Ptak?. y c�t4G4t$5 `7 �,vrOSc'� Y""epirruccforrc C-iY ;Ni IJCz ors / r I-� / ( r Mit vto�J 6r, Jo llaS: a.i f. xrrrrrtc• U016(9 1-n our, Scoee aZ f Sore 2 v,i(aS !�.'�l, Cl. S QZL7 /l ilkC( tA7 , r.-c ZONING DISTRICT: APD? (YIN) iN FLOOD ZONE: L BUILDING SIZE (Square feet): BASEMENT: FIRST FLOOR: SECOND FLOOR: MAXIMUM NUMBER OF EMPLOYEES. NA TOTAL NUMBER OF RESTAURANT SEATS: N� IS THE PROJECT WITHIN 100 FEET OF A WETLAND? (YOV DO YOU U,SE, HANDLE, STORE, OR PRODUCE HAZARDOUS MATERIALS OR OILS? (Y/ IY If yes, attach list, by name and quantity. Attach MSDS sheets. Provide a description of proposed method of storage, handling, and disposal. Include a descaptio • of emergency spill & containment procedures. SIGNED:��r Submit 8 copies of this completed form, any hazardous material information mentioned above, floor plans, and a site plan, containing all of the information outlined in Zoning Bylaw section 103.3.3, to the Building Division in order to get your project on the Site Plan Review agenda. Building elevations and architectural drawings are required for new or substantially reconstructed buildings in B1 and B2 commercial districts south of Route 6. A 91 copy of the site plan will be required if the project is within 100 feet of a wetland. L" 18,1%9 SITE PLAN REVIEW COMMENT SHEET DATE: December 28, 1999 APPLICANT: Green Harbor Resort _ NEW MAP: 21 LOT: 3 LOCATION: 182 Baxter Avenue, west Yarmouth OLD MAP: 17 LOT: s-1 Check if ROAD Application PERSONS PRESENT: � a✓t. L. i�2 .rq s � 40'41fg# A- GaE n� 3-K. e L L� t� L �� l� r�� � ✓ ��� �LIY IJI Comments continue on other side Comments, Cordinued Page 2 B&Igw Re✓�EW Wu L�wN�w�i �trk� Sc�irv►T:%D e�e Health Div. Police READ & RECEIVED BY APPLICANT(S) TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: FEE PETITION NO: #3365 HEARING DATE: January 23, 1997 'ri�W_ ? I" FEE - p4 0 , PETITIONER: Davenport Realty Trust & David G. Mugar DB/A Green Harbor Village PROPERTY: 182 Baxter Ave, West Yarmouth, MA 02673 Map: 17 Parcel: Sl MEMBERS OF THE BOARD PRESENT AND VOTING: David Reid, Chairman, James Robertson, Jerry Sullivan, Andrew Ryan, Mike O'Loughlin. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner, represented at the hearing by Mr. DeWitt Davenport, seeks a Special Permit and or/Variance to expand and remodel 18 existing motel units at this complex. The property is located in an R-25 zone, and is an existing non -conforming use. The proposed expansion of each unit will occur within the existing foot print/roof line, by expanding into parts of the existing deck areas along the side of the building. No new units will be created. No new bedrooms will be created. The occupancy potential for the building will not be increased. No new kitchens will be added, but existing kitchens facilities will be enlarged and upgraded. The use will remain as a seasonal resort motel. The proposed expansion will themselves comply with applicable building setback requirements. The petitioner has filed with the Board building design plans, showing typical proposed room designs. That plan, by Donald I. Myer, is incorporated herein by references, as a typical proposed layout. Complete detailed architectural plans will need to be filed with the Building Department in order to secure necessary building permits, but the Board satisfied with these proposed plans for purposes of assessing the relief ndeded from this Board. No one spoke in opposition to the petition. Of major concern to the Board, however, were the fire safety issue which will be the result of the proposed expansions into the second floor balcony areas. The effect of the expansion will be eliminating the use of the balcony by adjoining units for fire exit purposes. Alternative safety considerations and possible changes in the plans were discussed among the Board. While not fully satisfied with the proposal, in this respect, the majority of the Board felt that this issue should be addressed by careful review of the finished plans by the Building Department and Fire Department, for maximum possible compliance with available fire safety procedures. The majority of the board is satisfied that this expansion may be made without being substantially more detrimental, and without creating any undue nuisance, hazard or congestion. A motion was made by Mr. Robertson, seconded by Mr. Ryan, to deny the variance request, without prejudice, as being unnecessary, and to grant the Special Permit per §104.3.2, to allow the alterations as purposed. Mr. Reid, Mr. Robertson , Mr. Ryan and O'Loughlin voted in favor of the motion, Mr. Sullivan voted opposed to the vote. The Special Permit was therefore GRANTED. Appeals from this decision shall be made pursuant to c40A §17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk TABLE 2 APPLICATION FOR SITE PLAN REVIEW IZIz��9� SUBMISSION DATE: 12111191 REVIEW DATE:�� ASSESSOR'S MAP REF. NO ( i7 LOT NO. ' 3 0 / TIME. 2 LOCATION OF PROJECT: /92 48Ax7&e RV&, w•Y NAME OF PROJECT: P&0450 ri�D171oN -IDG. em tinRWR Re X7- APPLICANT NAME: GkBvN HARBOR, t- APPLICANT ADDRESS/PHONE NO.: 2 o N- MA/N 5 S.Y. OWNER NAME (If not applicant): spore &-s APvlica.v i OWNER ADDRESS/PHONE NO.: 20 N-1w f,, ✓ sr. SV• 398- 2293 ENGINEER/SURVEYOR:swEeTs&R O-n"/560?'u6,3.DennlS TITLE REFERENCE: REGISTRY SURVEY: ❑ CHECK IF A R.O.A.D. PROJECT DESCRIPTION OF PROJECT (Attach additional pages, if necessary): V,09radz Ave (5) -iwo bA'J ^ooru' / h^91A co4ATS 40 v've (S� TWO AAQ4-410.v.. 2 6 "- 'A Co {{u�e S iK apt a #en%� -46 rc~i h dowlac.h. ve- I;,-`tl%e res.rf" /pole! 1vQV'1'Ct/0Ce ZONING DISTRICT: R 25 APD? (Y/N) N FLOOD ZONE: ,#/Z BUILDING SIZE (Square feet): BASEMENT: FIRST FLOOR: SECOND FLOOR: MAXIMUM NUMBER OF EMPLOYEES: NA TOTAL NUMBER OF RESTAURANT SEATSI/A IS THE PROJECT WITHIN 100 FEET OF A WETLAND? (YIN) DO YOU USE, HANDLE, STORE, OR PRODUCE HAZARDOUS MATERIALS OR OILS? (YIN) If yes, attach list, by name and quantity. Attach MSDS sheets. Provide a deption of proposed method of storage, handling, and disposal. Include a descdpd of emgrgency spill & containment procedures. Submit 8 copies of this completed form, any hazardous material information mentioned above, floor plans, and a site plan, containing all of the information outlined in Zoning Bylaw section 103.3.3, to the Building Division in order to get your project on the Site Plan Review agenda. Building elevations and architectural drawings are required for new or substantially reconstructed buildings in B 1 and B2 commercial districts south of Route 6. A 9* copy of the site plan will be required if the project is within 100 feet of a wetland. May 18,1999` :.._ ;u 8, Filed with Tom Clerks FEB 19 1964 Hearing Date: Feb. 6, 1964 Petitioner: Willard N. & Nary Hills Munroe Jr. Petition #661 The petitioner requested permit to allctd an extension of a non -conforming use and/or approval and/or a variance for tine construction cC nine rentals to be located on. -the east aide of Baxter Avenue Ora= Harbor Village. ,% Members at Board of Appeals presenti Harold L. Hayes Jr. - Chairman Alexander Catto H. Stuart Ryder $lbert S. Webb lermeth H. Studley � Clerk separate buildings for seasonal in Nest Yarmouth. Snn ;mn as It appearing that notice of said hearing !<as been given by sending notice thereof to the petitioner and all those amers of property ddemed ay the Board to be affected thereby, and that public notice of such hearing having been ;`ivea by publication in the Cape Cod Standard Times an 1/1"3/64, the hearing was opener. and held on the date first above written. ---Mw,-^ cin8 appeared in favor of the petitoni —Mr: Willard N. Munroe Jr. Mr. & Mrs. Dimen Merrill letter from L. Robert Naelvor and Ora B. Nactvot Thefollowing appeared in opposition: gone Reason for Decisions It appeared that the petil.ausr is the owner of land and buildings knosm as Green Harbor Village located an Baxter Luanne in West Yarmouth. The entire premises is an one lot and consist. of ever nine acres of land. the board examined the plan entitiled, °Site ltan, Cottages for Green Harbor Village, Baxter Avenue, hest Yarmouth, Mass., Alger and GLIn, Architects." and Sound that there was ample land for the proposed buildings. It was noted that Green Harbor Village existed svior to zoning, and the board felt candfdering the total acerage involved and the fac that the property has always been used gar guest hageskesping facilities, that this ii a normal extension of a non -conforming Use. It appeared that the public good would not be adv.isely affected and the intent of the zoning by-law would be substantially adhered to and tse public good would not be derogated from. The board therefore grants an extension of a non-cciforming use, allowing the construction of nine separate buildings for seasonal rentals in accktdance with the petitioner's request. Nis, of Bawd votingt Harold,.7" Hayes Jr. - in favor Alezasier Catto in favor unanimcas in favor H. Stuart Drier in favor Albert Be Webb in favor Banasth H. Studley in favor Page 2 Therefore, the Petition for Approval is granted. And m authorize a variance to albs the construction of nine saparate bul—ldsngs for seasonal rentals; No permit issudd until 20 days from date of decisl(m. Kemeth H. Mdley Cleric M 2:C U Filed with Tawn Clerk: FEB 12 1969 T049N OF YAMIOUTH BOARD Or APPEALS Petitioner: Willard N. & "%ea"y H. iiiunroe.Jr. DECISION Hearing Date: Jan. 23, 1969 Petition #919 The petitioner .requested permit for a variance and/or approval: to add to existing motel or cottage colony, two 2-story buildings (20 units). Mirnbers of Board of Appeals present: Harold L. Hayes, Eldredge Shays, George Waite, Walter And- 4rson, Bmanuel. DiTiberio. Yt appearing th:6t notice of said hc.c-ing has been given by sending notice thereof to the petitioner and all those owners of In-opxty deemed by the Board to be affected thereby, and that public notice of such hearing baving been given by publication in the Cape Cod Standard Times on 1/9/69 end 1/16/69, the nearing was opened and hold on the date first above written. The folowing appe£-red in f,vor of the potition: Charles Ardito, Atty., Peter Olkkola, Richard Cronus, The following appeared in opposition: £dwund F. Ward,Jr., Wiliam F. Pillion, Thomas J. Hannon, Thomas Golden, Mr. Colcrzn, Albert Flood, Theodore Frigidrichs, Ali*». Peter Gavin, Steven Sorasanskl, Mr. Nille, Atty. Arthur Swanson, for abutter. J.?.McGuire, for ft.F.Rcalty desires conditional. opposition. Petition signed by 15 in at-bend2r.ca at meeting. Additional petition signed by 26. Letters by Eduard J. Pacclli, Jonitwhe^ t. Sanderson, Louis J. Morin, Winthrop T. Lewis, Yrs. James C. Le = and Germ:.ine LL.-^ao, Eliza K. Flood, Joist and Virgil Campion, Catherine S. -me M—din. Reason for decision: It appeared at the hviu!ittk; that the petitioner was tTm proprietor of a business known as Green Harbor Village. It further appanred that the p-ronericy was described as a parcel of land consisting of 7J, acres of land and containing s7.era1 buildings utilized during the smear.+sr season for housekeeping purposes. It further appeared th>3 the business was established prior to 1940 and well prior to the adoption of zoning in tho Torn of Yarmouth in 19/s5. It appeared that at lk8 Le-asent time the facility cai accomodate some 35 family units and that the petitioner caters tQ family groups. The Board noted that the 'Yarmouth Zo,.ing By -Lawn under Section IT designated Residence District Uses in paragraph 8, oubsoction (f) prsaides that any of the following uses may be allowed upon the approval of the Board of Appeals: "Hotel, club, or boys or girls' camps or a guest house taking five or more people or motel,I} The Board in arriving at its decision is following this particular section of the zoning by-law. At- the hearing the petii;i^ner presented a front elevation designated "Green Harbor Village Br:..'ter Avc„ W.Ya_nwzut:h Scale 1/8,, = 1c. There was an. additionl floor plan designated "Family Suite A 672 sq.ft•.1' atul "Fanily Suite B .448 sq.ft.11 and this plan was prepared by the architects Alger & Gunn of 396 Min 5L., Hyannis and designated "Floor Plans Proposed Family .,Suites for Green Harbor Village Baxter Ave., ks'est Yarmouth, Mass." There was an additional plan designated "Site Plan" and it tndiczted thtt the land area was 7.6 acres and that the building area. was 7.25%9 This plan was also prepared by the firm of Alger & Gunn. The plan indicated all existing, buildings and illustrated the proposed parking facilities for the existing and proposed facilities and further indicated that a proposed sm?a e disposal s et stsite had been alOr c i ssachu= setts Dept. of Public Health, Division of Sanitary E`ugiieering for sub -surfs f on January 17, 1969. The petitioner also presented an aerial view shoring the e c sting buildings that were involved in the property owned by the petitioner. At the hearing there appeared to be very strong organised opposition to the petitioner's plans. There were petitions filed with the Board and there were several who appeared and voiced their opposition to the request before the Board. Several spokesmen for those in opposition addressed the Bo.•trd and the Board in reviewing those in opposition noted that the following objections were raised: a. Lowering of property values in the immediate area; b. Traffic congestion; c. Sewerage problems; d. Setting precedent for further expansion; e. Hardship; and f. Lack of buildings conforming with existing structures. Following the presentation of evide.•zce at the hearing the Board examined the Assessors, records and especially noted shoots 23, ail., 16, and 17. The Board finds that the petitioner has a unique parcel of land located at the southerly portion of Baxter Avenue. The property direeLly abuts along Lewis Bay and with Baxter Avenue lying to the nest and Hill Creek lying to the east is a rather unique parcel of ]and. The Board considered the grounds upon which its opinion should be based and eliminated the consideration of a variance and the possibility of an extension of a non -conforming use and proceded to analyse the petitiorerts request as a request for an. approval under the terms of the Yarmouth Zoning By -Taw. Z07a: The Board finds that the area in question is in a residence district. The Board finds that Section II provides for the uses in this dtstriet in paragraph 8, subsection (f) for motels as a natter of discretion. USE AT THE TSME OF ADOPTION OF ZONING: LThe Board finds that the particular parcel of land in its entirety was uses for public house- keeping at the time of the adopUon of the zoning by-law. It appeared in euidenoe and was not contradicted that prior to 1940 the premised had been known as Green Harbor Village and was used for public housekeeping, main - of a seasonal nature. The Board examined the plans that woro submitted and the Board finds that these are motel units similar to units used inihe Torah of Yarmouth by motels catering to family groups. An examination of the plans indicates that these are in fact motel units and it is noted that the entire operatiot of the petitioner is limited to th9t of a seasonal business. The petitioner further indicated at the hearing that the facilities would be used db ing the summer season. The Town of Yarmouth has set ferbh certain regulations and zoning by -Iwo pertaining to motels and it is noted that all of these standards have been more than adgquately met by the petitioner. There is adequate frontage, adequate square feet of land area, and adequate off-street pariting facilities. A1J. of the standards set forth in the bylaw are to be strictly adhered to by the petitioner and this is set forth as it condition of this approval by the Board of Appeals. The Board than considered at length the opposition advanced at the hearing and noted the strong objection of many in the immediate neighborhood. The Board considered as separrtte items every subject that was raised by those in opposition and specifically notes the following: 1. Traffic: The Board notes there has beon tremendous growth in the date area. The Board especially notes that in the area 37ing along the east and west of Baxter Avenge there has been tremendous growth in the last ten years. During this entire period of extensive growth th3 motel has virtually remained the same size, there being one change which %as the addition of some eleven units in 1964. The additional motel units will add somewhat to tie traffic to be sine, but the general growth in the area will also add additional traffic. The fact that the petitioner's Property is at the southerly end of Barter Avenue virtually controls all of petitioner's traffic along Barter Avenue and it in felt that this can be adequately policed. The Board also notes that in the event that the petitioner hd utilized his premises for house lots it is reasonable to believe thht because of the value of this property along Leuis Bay that sUbstantiai homes would be erected and the potWIal use of the streets and ways .could be virtually the same as would come from petitioner's proposed facilities. ?_. Devalvizg- erjzt-i g homes in the area - The Board does not concur with this view and feels that this is strictly a matter of con- jecture. 3. setrraiqe problems: The Board notes that the only evidence that appeared at the hearing was that adequate sewerage facilities would be provided. It i3 also noted that the Department of Public Health as wall as the Town. till have to approve the proposed Bev. -Age disposal system. Further, there was avidence that this requirement had already been mat. The Board c0nsidercd the size of petitioner's parcel of land and is of the opinion that the esisting facilities earl be suitably accomodated on the 7.6 acreage. The Board is of the opinion, however, that the proposed facilities will tend to approach, if ant actually ar,Fe aseh, thc m -iow use of the . titionarts land and that any further expansion should not be contemplated by the petitioner. Thererore, after a full consideration of a32 the evidence; iueludix� a thorough a�lysis of all of the strong objections that mere set forth to the Board, the Board approves the petitioner's request, with the following conditions: 1. Requi:-rcments for sawc aZe disposal be strictly adhered to; 2. Tsry the Face;tie:+ be med as a :-Miner seaso al operation_ and not as a year-round business. •iembers of Board voting: Farold L. Hayes, M-d,nodgo Shay,*, George Ids-ite, Walter Anderson, lmmnuel DiT:Vverio. All voted in favor. ,nd we authorize a variance to: eLLow pstit:ionewvv reVest on the com1i-tions act forth in the de= vision. No permit issued =111 sQ days from,da'ce of filing? decision with the Town Clark. Emanuel DiTiber io Acting Clerk _. t V. Filed with Town Clerk: TOWN OF YARMOUTH BOARD OF APPEALS JAN 2 6 1978 Petitioner: Green Harbor Village 182 Baxter Ave. West Yarmouth, Mass. DECISION Hearing Date: 12/22/77 Petition No.: 1455 The petitioner requested a variance and/or approval and/or a special permit and/or an'extension of a non —conforming use to allow the construction of (6) six 2—bedroom family suites as located on plans submitted and shown on Assessors map #17—S1, consisting of 7.60 acres. Members of Board of Appeals present: DONALD HENDERSON ROBERT SHERMAN HERBERT RENKAINEN MORRIS JOHNSON JOHN NEYLON JOYCE SEARS It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and that public notice of such hearing having been given by publication in the Cape Cod Times on 12/5/77 and 12/12/77, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Palmer Davenport, Mr. Schott, Sheldon Segarman. The following appeared in oppsoition: Wm. F. Pillion (with petition), Paul Mills-, (with petition), Thomas Golden, Ethel MacCausin, (by letter & in person), Edward J. Pacelli, (by letter). REASONS FOR DECISION: Petitioner's request was considered as a request for an approval from the Board of Appeals under the by—law 18.02,11,F, which permits the use of a motel in a residential area. The subject property had been before the Board with a similar request in 1969, Appeal #919, where further motel use of the locus was approved. Counsel for one of the abutters, Attorney Walter H. McLaughlin, Jr., urged Petition No. 1455 Page 2 the Board to consider this request as one for a variance, on the grounds that the proposed effeciency units were apartments or dwellings (citing the case of Gallagher vs. the Board of Appeals of Falmouth, (351 Mass. 410, 1966). This Board felt a reading of the by—law 18.13, definitions, "dwelling unit" and "hotel or motel", most particularly the language pertinent to "transient basis" as applied to the facts of petitioner's appeal rendered the unit more properly within the "motel" definition. In deference to Mr. McLaughlin, an informal opinion from Town Counsel was sought, whose opinion concurredAthat of the Board. Accord— ingly, this appeal was considered in light of the less stringent criteria applicable to permits. The Board carefully reviewed petitioner's plans in light of his assertions that the proposed additions conformed to the by—law with respect to land coverage, setbacks, etc. The Board concurred with the exception of the side yard setback (10' required by the parking and loading section 18.11), by the proposed driveway. A report from the Conservancy District was not required under the by—law because no activity was proposed within the District, nor was any septic system to be constructed within 75' of the District. A considerable amount of discussion arose at the hearing because of the absence of this report and a negative finding by the Planning Board, letter dated 12/21/77, based upon the erroneous assumption that the property was within the District. The Board of Appeals gave no weight to that letter from the Planning Board. At the hearing, several neighbors (and abutters), testified as to the narrow— ness of the road, the high speed thereon, the effect of an additional blind drive— way on safety, and the effect of additional cars on congestion. Petition No. 1455 Page 3 Prior to the decision, those Board members who had not recently viewed the locus, did so. The Board found that under the present plan, the petitioner had not demonstrated that no undue nuisance, hazard or congestion would be created. The Board specifically found that the proposed driveway and additional patrons, would likely create undue nuisance, harm and congestion and a likelihood of harm to the neighborhood result therefrom. Therefor, petitioner's request is denied. Members of Board voting: DONALD HENDERSON — Voted not in favor - ROBERT SHERMAN — " " " " MORRIS JOHNSON — JOHN NEYLON — JOYCE SEARS — Abstained from voting ROBERT W. SHERMAN Clerk TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: Hearing Date: 11/12/81 Petitioner: Green Harbor Village Motel Petition No.: 1794 Paul McBride, General Manager Blue Water Resort South Shore Dr. S. Yarmouth, Mass. DECISION The petitioner requested a special permit from the Board of Appeals to allow the repairing of approximately 310 ft. of existing concrete sea wall at Mill Creek in West Yarmouth, Mass.. Property located at the Green Harbor Village Motel, Baxter Ave., West Yarmouth, Mass., and shown on Assessors map #17-S1. Members of Board of Appeals present: Donald Henderson, David Oman, Joseph Pandiscio, Myer Singer, Thomas George. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun on 10/27/71 and 11/4/81, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Arlene Wilson, Barnstable Survey Consultants, representing petitioners. The following appeared in opposition: None. Reasons for decision: This is a request for working in the Conservancy District, and the Board takes the position that this is a question that calls for a yes or no response. Therefore, the Board approves the request that the petitioner be allowed to do work, subject to the regulations and controls of other town boards which have jurisdiction over these matters. Members of Board voting: Donald Henderson, David Oman, Thomas George, Myer Singer, Joseph Pandiscio. All voted in favor of granting petitioner's request. Therefore,the petition to allow the repairing of approximately 310 ft. of existing concrete sea wall at Mill Creek in West Yarmouth, is granted as requested. No permit issued until 20 days from the date of filing the petition with the Town Clerk. ROBERT W. SHERMAN Clerk TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: Petitioner: Palmer Davenport & David Mugar 20 No. Main St. S. Yarmouth, Mass. DECISION Hearing Date: 12/22/83 Petition No.: 2014 The petitioners requested a variance and/or special permit from the Board of Appeals to allow an addition approximately 18' x 28' to an existing garage/storage facility. Said garage is part of a cottage colony located in a residential zone, known as Green Harbor Village,Baxter Ave., W.Yarmouth, Mass., shown on Assessors map #17-51. Members of Board of Appeals present: Donald Henderson, Myer Singer, Joseph Pandiscio, Richard Neitz,David Oman. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun on 12/7/83 and 12/14/83, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Palmer Davenport; Mr. Short, Manager of Green Harbor; Arthur Swanson, rep. son-in-law, concerned by noise; by letter, John Zegel and Joan Cummings. The following appeared in opposition: None. Reasons for decision: This is a request for a special permit to allow an addition approximately 18' x 28' on an existing garage/storage facility, situated in Green Harbor Village, so called, on Baxter Ave., West Yarmouth, Mass.. In essence, this is a request for an addition to a non -conforming structure. No opposition was expressed at the hearing, although a few immediate abutters expressed concern of possible noise. However, these abutters indicated to the Board that they were satisfied the petitioner would work with them to make certain that no nuisance was created. Based on all the facts presented, the Board is satisfied and finds that the request will not create any undue nuisance, hazard or congestion and wil not cause any harm to the established or future character of the neighborhood. In addi- tion, the Board finds that the proposed addition will not be any more detrimental to the neighborhood than what is presently existing. In other words, the Board finds that all criteria of Sec. 1532 have been met and grants a special permit to construct the proposed addition as shown on the plans filed with the Board. Further, permission is granted to con struct a wall or other barrier extending easterly from the proposed addition, if the peti- tioner feels it would be advisable; Members of Board voting: Donald Henderson, Myer Singer, Joseph Pandiscio, Richard Neitz, David Oman. Unanimous in favor to grant petitioners request. Therefore,the petition is granted as requested for the above stated reasons. No permit issued until 20 days from date of filing decision with the Town Clerk. MYER R. SINGER Clerk } Town of Yarmouth Board of Appeals »•w RC. a Filed with Town Clerk: JAN 22 MW •90 JAN 22 P3:4:3 Hearing Date: January 11, 1990 TH Petition No. 2700 1hWNL"tr Petitioner and Owner: David G. Mugar and Davenport Realty Trust D/B/A Green Harbor Village, 182 Baxter Avenue, West Yarmouth, Massachusetts. nvrTCTnN Relief Request: THE PETITIONER HAS APPEALED FOR RELIEF: To remodel, change, and alter certain pre-existing non- conforming structures, as well as to allow such other relief that the Board of Appeals deems meet and just; and to waive strict compliance with its rules and regulations where the Board may deem such appropriate. Locus: The property is a certain parcel of land situated in Yarmouth (West), Barnstable County, Massachusetts, as shown on Assessors Map, Sheet 17, Parcel S-1 as more fully and accurately described on Land Court Certificate 155333. Plans: The petitioner has submitted plans depicting the current and proposed improvements. Site Plan - Dated Jan. 4, 1989 by Engineering Services of Cape Cod, three pages. Building Plans - Floor plans and elevations, and profiles by Davenport Building Company. Filing: The Petition was duly filed. Notice was given as re- quired by law, including twice publication in the Yarmouth Sun. Those appearing in favor of the petition: Mr. Paul McBride, Palmer Davenport and DeWitt Davenport Those appearing in opposition of the petition: None J Criteria and Authority: c, follows: The criteria for granting of the special permit are as 1. Zoning By-law Section 103.2.2: Special permits A shall not be granted unless the applicant demon- strates that no undue nuisance, hazard or con- gestions will be created and that there will be IUWNCLERK no substantial harm to the established or future character of the neighborhood or town. 2. The change, extension or alteration of a prior existing nonconforming structure criteria are stated in Section 104.3.2 of the By-laws as follows: "Pre-existing nonconforming structure or uses may be extended, altered or changed in use on special permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use." Facts and Criteria Summary: Green Harbor Village is a resort community having nineteen (19) buildings and amenities on 7.6 acres of land. The property is essentially a peninsula of land and has been improved over the last fifty (50) years. There are fifty-one (51) units on the locus. The petitioner intends to enlarge two (2) build- ings, as per plans submitted. The toal gross area of new improvements is 892 S.F. This new area as a percentage increase in habitable space is .0042. The number of new units created - none, in fact the pertitioner is decreasing the number of habitable units by one. The number of new sleeping facilities - none. Traffic impact - none. Parking impact - none. The petitioner, as encouraged, has gone through the Site Plan Review process and Conservation Commission. The Board of Health Agent, as a member of the Site Plan Review Team, requested some modifications to the proposed Title V Systems, and those changes have been reflected in the plans submitted. Further, the petitioner has agreed to upgrade all remaining septics systems within the next 3 to 5 years. The Conservation Commission has issued Orders of Condition for the requested work. - 2- e, The board considered the facts presented, reviewed the qualities of the requested improvements and concluded that the desired relief would not be a substantial detriment to the public good; or nullify or substantially derogate from the intent and purpose of the By-laws of the Town of Yarmouth. Furthermore, the issuance of this permit will not create undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Therefore, the request is unanimously granted in it's entirety with the following condition: 1. The septic systems for the renovations of units 28,29,37,38, 39, and 40 must be upgraded to Title 5 septic systems per engineered plan. 2. Units 34,35, and 36 septic systems are to be upgraded per engineered plan, as the existing cesspools are within 15' to the edge of the seawall. 3. The engineered plan must also reflect the area and septic system profiles, for upgrading the septic systems to Title 5 for units 21,22,23,24,25,27,41,42,43,and 44. 4. That the petitioner submit an overall septic system design plan for the units on the Mill Creek side of Green Harbor Village, along with the additional upgrading of the septic system for units 34,35, and 36. -90 JAN 22 P 3 IUWN LLIL-hr, a it LA 5. All construction to be in accordance with plans submitted and dated San. 4, 1989, for Davenport Realty Trust and David Mugar d/b/a Greenharbor Village by Engineering Services of Cape Cod. Fritz Lindquist clerk Decision: The board considered the facts presented, reviewed the qualities of the requested improvements and concluded that the desired relief would not be a substantial detriment to the public good; or nullify or substantially derogate from the intent and purpose of the By-laws of the Town of Yarmouth. Furthermore, the issuance of this permit will not create undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Therefore the request is unanimously granted in it's entirety with the following condition: 1. The septic systems for the rdnovations of units 28,29,37,38, 39, and 40 must be upgraded to Title 5 septic systems per engineered plan. 2. Units 34,35, and 36 septic systems are to be upgraded per engineered plan, as the existing cesspools are within 15' to the edge of the seawall. 3. The engineered plan must also reflect the area and septic system profiles, for upgrading the septic systems to Title 5 for units 21,22,23,24,25,27,41,42,43,and 44. 4. That the petitioner submit an overall septic system design plan for the units on the Mill Creek side of Green Harbor Village, along with the additional upgrading of the septic system for units 34,35, and 36. RE— 1',, r -go JAN 22 P 3 IUWNLtLkhc iKLA 5. All construction to be in accordance with plans submitted and dated Jan. 4, 1989, for Davenport Realty Trust and David Mugar d/b/a Greenharbor Village by Engineering Services of Cape Cod. Fritz Lindquist clerk Town of Yarmouth Board of Appeals Filed with Town Clerk: March 22, 1991 Hearing Date: March 21, 1991 Petition No. 2815 Q ., r Petitioner and Owner: David G. Mugar and Davenport Realty Trust D/B/A Green Harbor Village, 182 Baxter Avenue, We t Yarmouth, Massachusetts. `91 MAR,22_ P2.25 ITOWN OF YARM,9UT;? DECISION OWN CLERK & TREASUf 1.11 Relief Request: THE PETITIONER HAS APPLIED FOR THE FOLLOWING RELIEF: The Petitioner requests a special permit under S 104.3.2 and a variance under section 102.2.2 of the Yarmouth Zoning By Law to a) extend, change and alter certain pre-existing nonconforming structures/use, b) to demolish two (2) buildings known as Units No. 37, 38, 39, 40 including foundation and construct two (2) new buildings on new foundations 446 square feet to be added to each building and number of rooms to remain the same c) to allow such other relief that the Board of Appeals deems meet and just d) to waiver strict compliance with its rules and regulations where the Board may deem such appropriate. The property is a certain parcel of land situated in Yarmouth (West), Barnstable County, Massachusetts, as shown on Assessors Map, Sheet 17, Parcel S-1 as more fully and accurately described on Land Court Certificate 155333. Plans: The petitioner has submitted plans depicting the current and proposed improvements. (The same plans as filed with Petition No. 2700) Sit Plan - Dated January 4, 1989 by Engineering Services of Cape Cod, three (3) pages. Building Plans - Floor plans and elevations, and profiles by Davenport Building Company. Filing: The Petition was duly filed. Notice was given as re - required by law, including twice publication in the Yarmouth Sun. Those_appearing_in_favor of the petition: Mr. Paul McBride, Palmer Davenport and DeWitt Davenport Those appearing in opposition of the petition: None Criteria and Authority: follows: The criteria for granting of the special permit are as 1. Zoning By-law Section 103.2.2: Special permits shall not be granted unless the applicant demon- strates that no undue nuisance, hazard or con- gestions will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. 2. The change, extension or alteration of a prior existing nonconforming structure or use criteria are stated in Section 104.3.2 of the By-laws as follows: "Pre-existing nonconforming structure or uses may be extended, altered or changed in use on special permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use." Facts and Criteria Summary: Green Harbor Village is a resort community having nineteen (19) buildings and amenities on 7.6 acres of land. The property is essentially a peninsula of land and has been improved over the last fifty (50) years. There are fifty-one (51) units on the locus. The petitioner received a special permit, Petition No. 2700 at a hearing on January 11, 1990 to en- large the two buildings, where shown as per plans submitted. The total gross area of new improve- ments is 892 S.F. This new area as a percentage increase in habitable space is .0042. No new units were created, in fact the petitioner de- creased the number of habitable units by one. No new sleeping facilities were added. The Petitioner, prior to the hearing on Petition No. 2700 was encouraged, and did go through the Site Plan Review process and Conservation Commis- sion. The Board of Health Agent, as a member of the Siie Plan Review Team, requested some modifi- cations to the proposed Title V Systems, and those ghange� have been reflected in the plans submit- ted. Tie Conservation Commission has issued 0!�!4ersy�if Condition for the requested work. r 2 - s Facts and Criteria Summarv: Petition No. 2700 was approved with several conditions. The petitioner has upgraded the Title V septic systems in accordance with the plans during Phase 1 of this project, specifi- cally the remodeling - reconstruction of Units 28 and 29. The petitioner commenced the final phase of the project in early 1991, at which time it was determined that the existing buildings (known as Units 37-38 and 39-40) and their foundations, were far more deteriorated than expected and were not suitable for accommodating the proposed renovations and additions. The petitioner therefore replaced the original foundations in their entity and in so doing, completely dismantled the existing buildings. The new foundations and construction will conform to current Mood -plain standards, and will comply - wihh the- ans and specifications originally G.approve%i y the Board in its decision #2700 LL theLpet boner therefore seeks no change in the >previouQy granted special permit, except to E al]Rjw tifeb"replacement" of these two buildings-- C•.witdk eglagvalent nevi buildings rather than re- t,,moAlingt�hem as originally contemplated and L,; allowed�z The board con Ridered the facts presented, reviewed the qualities of the improvements previously approved and concluded the requested improvements and the desired relief would not be a substantial detriment to the public good; or nullify or sub- stantially degrogate from the intent or purpose of the By-laws of the Town of Yarmouth, Furthermore, the issuance of this permit will not create undue nuisance, hazard or conjection and that there will be no substantial harm to the established or future character of the neighborhood or town. A motion was therefore made by Mr. Henderson, Seconded by Mr. Lindquist, to grant the petition for a Special Permit, as requested, (but to deny the alternative relief of a variance), and on the condition that the remaining provisions in decision #2700 will remain in effect. There was discussion among the Board members about the fact that ordinarily the Board would not, by Special Permit, permit the complete replacement of a structure. However, in this instance, it was noted that the primary "non -conformity;! is the "use" of the premise, not the structures. Since the use has been decreased slightly (permit #2700) and the new buildings will be substantially identicle to the old buildings, the majority of the Board is satisfied that the granting of the re- quested permit would be appropriate in this instance. < - 3 - Mr. Henderson, Mr. Lindquist, Mr. Campbell and Mr. Tuttle voted in favor of the motion; Mr. Reid voted against. The motion therefore is passed. The Special Permit is therefore granted. No permit shall be issued until twenty (20)days of filing of the decision with Town Clerk. David Reid, C erk r rn s -u- a FILED WITH TOWN CLERIC: PETITION NO: HEARING DATE: TOWN OF YARMOUTH � BOARD OF APPEALS DECISION C � 3128, 3129, 3130, 3131 - c September 8, 1994 - PETITIONER: Best Western Blue Water Resort Hotel (#3128) 291 South Shore Dr. South Yarmouth MA 02664 Green Harbor Village 182 Baxter Ave. (#3130) West Yarmouth MA 02673 Red Jacket Beach Motor Inn 1 South Shore Dr. (#3129) South Yarmouth MA 02664 Riviera Beach -Resort 327 South Shore Dr. (#3131) South Yarmouth MA 02664 PROPERTY: 327 South Shore Dr. South Yarmouth MA. Assessor's Map 22 Par- cels T122, T125; 182 Baxter Ave., West Yarmouth MA. Assessor's Map 17 Par- cel Sl; 1 South Shore Dr., South Yarmouth MA. Assessor's Map 14 Parcel Z1. MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman, Fritz Lindquist, John Richards, Richard Brenner, Joseph Conroy It appearing that notice of the hearing has been given by sending notice to the petitioners and all of those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in the Yarmouth Sun, the hearing was opened and held on the date stated above. These four (4) petitioners involve virtually identical issues relating to certain recreational activities conducted at these sites. As all four (4) businesses are under common or overlapping ownership or control, the peti- tioners requested and the Board agreed to conduct all four hearings simul- taneously. All four petitioners are Motel/Hotel establishments, located within the Residential (R-25) zone. Each is a pre-existing non -conforming business. Each petition presents issues relating to the lawfulness of existing "aquatic recreational activities" (so-called) being offered at the establishments to the guests and to non -guests of the Motel/Hotel. By letter of July 8, 1994 (to the Red Jacket Inn), July 14, 1994 ( to the Blue Waters), July 18, 1994 (to the Green Harbor Village and to the Riviera Beach Resort), the Yarmouth Building Inspector instructed these petitioners that their so called aquatic activities were in violation of the Zoning Bylaws because they constitute Miscellaneous Amusements and Recreational r Services (N-11). The petitioners have appealed each of these rulings by the Building Inspector, and each petitioner further requests the Board to "define the term accessory use" relative to these businesses and activities. The petitioners were presented to the Board by Mr. DeWitt Davenport. He represented that these activities include: offering "Banana Boat" rides, parasailing, catamaran rides, surf -sailing, and paddle boat rentals. Some combination of these activities are offered at each motel. These activities are run for the motel by sub -contractors who are properly trained and staffed to insure safe operations. However, the petitioners maintain suf- ficient supervision and ultimate control so as to be sure that these acti- vities do not interfere with or detract from the principal motel uses. The petitioners have marked out designated areas to which these activities are restricted. Some of these, or similar activities have been offered by the petitioners since 1968, according to Mr. Davenport. The majority of the individuals (approximately 70-75%) using these activities are guests of the motels. Non -guests are required to register with the resort or activity operator and receive a "registered guest day -pass". Mr. Davenport repre- sents that each facility has adequate perking, and that there have not been reported any problems with traffic, parking, noise, crowds, or congestion, nor have there been any accidents or dangerous situations. Mr. Michael Frucci, Director of the Cape Cod Chamber of Commerce, and Mr. Robert Du Bois, Director of the Yarmouth Chamber of Commerce, spoke in favor of these petitions, each observing that these activities are a growing part of the modern motel and resort industry for the area. Mr. Howard Wensley, a neighbor, spoke in opposition to the petitions, citing concerns for safety and the inappropriateness of such activities being offered to the general public in these residential zones. Members of the Board expressed some concern about these activities being available to the general public by separate vendors. There was general agreement that such activities, if restricted to guests, would be an allowed use, incidental to the principal motel use. It was noted that each of these particular businesses characterizes itself and consistently endeavors to operate as a "resort" facility, offering ancillary services to its guests and, to a limited extent, to non -guests who wish to utilize such accessory services. The petitioners operations, and self-imposed controls and restrictions upon these activities, clearly keep them subordinate to the motel use and principally available to motel customers, potential motel cus- tomers, and guests of the registered motel customers. Some of the board members expressed their belief that the activities, as represented, consti- tute sufficiently related accessory uses, incidental to the principal motel use, (although probably at the extreme limit of such a category). Other members expressed a desire to allow these activities only for a trial period, in order to better review and assess their impact upon the community and the effectiveness of the petitioners' controls. After further delibera- tions, a Motion was made by Mr. Richards, seconded by Mr. Conroy, to over- turn the decision of the Building Inspector, and to find that these parti- cular activities, conducted as represented by the petitioners, are permis- sible accessory uses to the principal uses of these Motel/Resorts, includ- ing their incidental use by registered day -guests; but to decline to other- wise "define" the term accessory use, such a defining being beyond the authority of this Board in this context. Mr. Richards, Mr. Conroy, Mr. Campbell, and Mr. Brenner voted in favor of the Motion; while Mr. Lindquist voted opposed to the Motion. The Motion is therefore passed and the Build- ing Inspector's decisions appealed from are accordingly overturned. Appeals from this decision shall be made pursuant to ss17 c40A and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. f David S. Reid, Clerk Board of Appeals FILED WITH TOWN CLERK: PETITION 1\10: PETITIONER: 1:12r_a30�e�.�yr�a TOWN OF YARMOUTH BOARD OF APPEALS DECISION JAN 2 1 1994 3050 Green Harbor Village January 13, 1994 '94 jAN 21 P2:2 1OWN CLERK 3 7REASU(1 PROPERTY LOCATED AT: Green Harbor Village, 182 Baxter Avenue, West Yarmouth, MA and shown on Assessor's Map 17 as Parcel Si. PETITIONER REQUESTS: By special permit or variance an addition of approximately 240 square feet to the office building, and to allow all other relief the Board deems meet and just. MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman Fritz Lindquist, David Reid, John Richards, Dick Neitz It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun, the hearing was opened and held on the date first above written. The petitioner, represented by Mr. DeWitt Davenport, proposed to increase the size of the existing office building contained within this motel/cottage colon. The use is non -conforming. The site consists of approximately 5.6 acres, containing multiple buildings and cottages. The seasonal business is operated from the existing office building, located near the entrance to the complex. The structure is an irregular shaped eight (8) sided building, containing approximately 260 square feet of floor space. The petitioner proposed to enlaTce the buildine on its southeasterly side (assay from the lot line and tc::ard tie interior of the sire), adding approxi.Tately 80 square feet of new floor space. The construction would make the building an even hexagon., each side being approximately 11' wide, consistent with the existing northerly and westerly sides. The petitioner represents that the additional area within the building is needed in order to accommodate the modern equipment and needs of the "office" use of the structure. The present irregular shape of the building does not permit effective use of the space, nor will it accommodate the physical needs of the business operations housed in it. The structure will presently only acccmTK)date one employee and will not permit effective use of modern office services and equipment associated with the operation of the business. The addition itself will not encroach upon the lot line, nor upon any other structures. The physical addition itself will not create or exaggerate any existing dimensional non -conformities. The petitioner has presented to the Board a plan of the existing site, i along with photographs of the structure and architecture (from New England Design, dated 12/13/93) showing the area of the proposed construction. The Board is satisfied that this alteration or expansion of this non- conformEl.ng use may be allowed without causing any substantial increase in the affect of this use upon the surrounding neighborhood. The, majority of the Board is also satisfied that the criteria for a variance are also satisfied in that the hardship to the petitioner is the result of the very irregular shape of the building, that this circumstance affects this site only and is not a condition comron to the area, that the alteration of the shape of the building, so as to make it a regular shape, may be done without substantially derogating from the intent and purpose of the Zoning by law and without causing substantial harm to the character of the neighborhood. Therefore, a Motion was made by Mr. Lindquist, seconded by Mr. Neitz, to grant the special permit (§104.3.2) and the variance, as requested. Mr. Campbell, Mr. Lindquist, Mr. Neitz, and Mr. Richards voted in favor of the Motion; Mr. Reid voted against the Motion. The special permit and variance are therefore granted. No permit shall issue until the passing of 20 days from the filing of this deci4qn with �the Town Clerk. David S. Reid, Clerk Board of Appeals APPEALS FROM THIS DECISICN SHALL BE PAN PURSL'ANT TO ss17 c.4:A & i.WST 2,E FILED TNIS NJT'C_iL` _; iON WITH' T„c TOWN CLS.'.K, c a z N '. y, N •n .. N c: N TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: PETITION NO: 43365 HEARING DATE: January 23, 1997 _ �� °�' FEE =; : 04 1C�vh; PETITIONER: Davenport Realty Trust & David G. Mugar D/B/A Green Harbor Village PROPERTY: 182 Baxter Ave, West Yarmouth, MA 02673 Map: 17 Parcel: S1 MEMBERS OF THE BOARD PRESENT AND VOTING: David Reid, Chairman, James Robertson, Jerry Sullivan, Andrew Ryan, Mike O'Loughlin. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner, represented at the hearing by Mr. DeWitt Davenport, seeks a Special Permit and or/Variance to expand and remodel 18 existing motel units at this complex. The property is located in an R-25 zone, and is an existing non -conforming use. The proposed expansion of each unit will occur within the existing foot print/roof line, by expanding into parts of the existing deck areas along the side of the building. No new units will be created. No new bedrooms will be created. The occupancy potential for the building will not be increased. No new kitchens will be added, but existing kitchens facilities will be enlarged and upgraded. The use will remain as a seasonal resort motel. The proposed expansion will themselves comply with applicable building setback requirements. The petitioner has filed with the Board building design plans, showing typical proposed room designs. That plan, by Donald I. Myer, is incorporated herein by references, as a typical proposed layout. Complete detailed architectural plans will need to be filed with the Building Department in order to secure necessary building permits, but the Board satisfied with these proposed plans for purposes of assessing the relief needed from this Board. No one spoke in opposition to the petition. Of major concem to the Board, however, were the fire safety issue which will be the result of the proposed expansions into the second floor balcony areas. The effect of the expansion will be eliminating the use of the balcony by adjoining units for fire exit purposes. Alternative safety considerations and possible changes in the plans were discussed among the Board. While not fully satisfied with the proposal, in this respect, the majority of the Board felt that this issue should be addressed by careful review of the finished plans by the Building Department and Fire Department, for maximum possible compliance with available fire safety procedures. The majority of the board is satisfied that this expansion may be made without being substantially more detrimental, and without creating any undue nuisance, hazard or congestion. A motion was made by Mr. Robertson, seconded by Mr. Ryan, to deny the variance request, without prejudice, as being unnecessary, and to grant the Special Permit per § 104.3.2, to allow the alterations as purposed. Mr. Reid , Mr. Robertson , Mr. Ryan and O'Loughlin voted in favor of the motion, Mr. Sullivan voted opposed to the vote. The Special Permit was therefore GRANTED. Appeals from this decision shall be made pursuant to c40A §17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk TABLE 2 APPLICATION FOR SITE PLAN REVIEW SUBMISSION DATE. 1211-1199 REVIEW DATE: 1��� TIME: 2 �� ASSESSOR'S MAP REF. NO. 21 uui LOT NO. 9 oc.(�, v- -- t i 51 LOCATION OF PROJECT: 192 8AX7&e fide, w'Y NAME OF PROJECT: A9400E6 tWt7lo,v -7v de&m HiW8OR ^SOX7- APPLICANT NAME: &0,eei/ nAM-e, e•A APPLICANT ADDRESS/PHONE NO.: Z o Iv - OWNER sr. s Y OWNER NAME (If not applicant): ns aPP�tcati— OWNER ADDRESS/PHONE NO.: S-v. 393_ 2Z93 ENGINEER/SURVEYOR:5wEc-TSe'- 4t-iv6/n/66RJu6t,s. Dennis TITLE REFERENCE: REGISTRY SURVEY: ❑ CHECK IF A R.O.A.D. PROJECT DESCRIPTION OF PROJECT (Attach additional pages, if necessary): V�9rada �tve ('S� —/Wa ivaroorv�. , / b^A e67�Ts 40 b've (S) -hVa [Aa64--90•+n- t 2 6 a.•i1, eo b'zs S !K an Q {��n� 7o retKat N e�ewpcfia►� tK res.rt {,ova/ i"ark.e-A/aCz. ZONING DISTRICT: A-25 APD? (Y/N) m FLOOD ZONE: ,#/Z BUILDING SIZE (Square feet): BASEMENT: FIRST FLOOR: SECOND FLOOR: MAXIMUM NUMBER OF EMPLOYEES: NA TOTAL NUMBER OF RESTAURANT SEATS9✓A IS THE PROJECT WITHIN 100 FEET OF A WETLAND? (Y/N) DO YOU USE, HANDLE, STORE, OR PRODUCE HAZARDOUS MATERIALS OR OILS? (Y/N) If yes, attach list, by name and quantity. Attach MSDS sheets. Provide a d ription of proposed method of storage, handling, and disposal. Include a descripf of emgrgency spill & containment procedures. Submit 8 copies of this completed form, any hazardous material information mentioned above, floor plans, and a site plan, containing all of the information outlined in Zoning Bylaw section 103.3.3, to the Building Division in order to get your project on the Site Plan Review agenda. Building elevations and architectural drawings are required for new or substantially. reconstructed buildings in B1 and B2 commercial districts south of Route 6. A 91 copy of the site plan will be required if the project is within 100 feet of a wetland. May 18,19% Filed oath lbsa Clerks FEB 19 1964 Hearing Date: Feb. 61. 1964 Petitiaaer: Willard N. do Mary Hills Munroe Jr. Petition #661 the petitioner requested permit to alles an extension of a nos, —conforming use and/or approval and/or a variance for tba construction of nine separate buildings for seammi rentals to be located on. -the east tide of Baxter .,venue in West Yarmouth. End Un as Groan Harbor Village. 1' , Members of Board of Appeals present, Harold L. Hayes Jr. - Chairman Alexander Catto H. Smart 4ter Ifilbert S. Webb Kameth H. Studley �4 Clerk It appearing that notice of said hearing has been SLven by sending notice thereof to the petitioner and all those owners of property ddemed ay the Board to be affected thereby, and that public notice of such hearing bar ng been ,liven by publication in the Cape Cod Standard Times on 1/16-23/640 the hearing was opens(. and held on the date first above written. - ollamring appeared in favor of the petiton% —Mu Willard N. Munroe Jr. Mr. do Mrs. Daman Merrill letter. from L. Robert MacIvor and Ora B. Maetva. Thejollowing appeared in opposition: Reason for Decision: it appeared that the petifcuer is the owner of land and buildings ksmma as Green Harbor Village located on Baxter avenue in West Yarmouth. the entire promises is as ova lot and consistof over nine acres of land. 4he board examined the plan entitiled, °Sits 11an, Cottages for Green Harbor Village, Baxter Avenue, blest Yarmouth, Rises., Alger and Gus¢u, Architects." and found that there was ample land for the proposed buildings. It was noted that Grasse Harbor Village existed rrior to zoning, and the board felt. considering the total average involved and the fac that the property has always been used gor guest hopsekeeping facilities, that this it a normal extension of a non -conforming use. It appeared that the public good would not be adv.i,sely affected and the intent of the zoning by-lw would be substantially adhered to and tie public good would not be derogated from. Vw board therefore grants an extensions of a nau-cctforming use, allowing the contraction of nine separate buildings for seasonal rentals in accLrdance with the petitioner's request. Members. or Board voting: Garold;,16. Hayes Jr. - in favor Aleaaader Catto in favor H. Stuart %,der in favor Albert S. Webb in favor Kenoeth H. Studley in favor unanimcas in favor Ar Page 2 Merefore, the Petition for Approval is granted. And pas authorize a variance to allow the constractioa of nano separate buildings for seasonal rentals. No permit issue until 20 days i'rom date of decision. Kenneth H. Siudley cleric Filed with Town Clerk: FEB 12 1969 TO101 OF YtaNOUTH BOARD OF APPEALS Petitioner: Willard N. & !Lace* H. Hunroe,Jr. DECISION Hearing Date: Jan. 239 1969 Petition #919 The petitioner .requested permit for a variance and/or approval: to add to existing motel or cottage colo.^v, two 2-story buildings (20 units). hicmbers of Board of Appeals present: Harold L. Hayes, Eldredge Shaw, George Waite, Walter And- ka-son, Emmanuel. DiTiberio. It appearing thtt notice of said hearing has been given by sending notice thereof to the Petitioner and all those owners of propexty desired by the Board to be affected thereby, and that public notice of such hearing having been given by publication in the Cape Cod Standard Times on 1/9/69 and 1/16/69: the hea-ring- was opened and hold on the date first above written. The following appeared in favor of the petition: Charles Ardito, Atty., Peter Olkkola, Richard Cronin, The following appeared in opposition: Bftund F. idard,Jr., William F. Pillion, Thomas J. Hannon, Thomas Golden, 1,1r. Coleman, Albert Flood, Theodore Frigidrichs, Ytu. Peter Gavin, Steven Soresenski, Air. Nills, Atty. Arthur Swanson, for abutter. J.P.MeGuire, fox- H.F.Realty desires conditional opposition. Petition signed by 15 in attendance er meeting. P.dditional petition signed by 26. Letters by Edward J. Pacel]i, Jenithor R. Sarilerson. Louis J. Morin, Winthrop T. Lewis, lairs. James C. Ledo mad Ge_=ine La zo, Eliza 1 . Flood, Jokn and Virgisx.ia Campion, Catherine S. 1dcElwain. Reason for decision: It appeared at the heiringy 'chat the petitioner was ttz ' a � pe$i - proprietor of a business known as Green Harbor ViLkage. It further appeared that the property was doscribed a,a a parcel of land consisting of 7.1 acres of sand and contuaini.ng, s7:eral buildings utilized diu^ing the s=--r season for housekeeping purposes. It further appeared th--,k.the bossiness was established prior to 1940 and well prior to the adoption of zoning in tho Town of Ya.rmc-ath in 10,45. It appeared that at tiie -assert time the fac..Dity can accomodate sow 35 family units and that the petitioner caters to family groups. The Board noted that the Yarmouth Zoe' g By-Lsnc under Section IT designated Residence District Uses in paragraph 8, subsoction (f) pro -.ides that any of the following uses may be allowed upon the approval of tho Botr-d of Appeals: "Hotel, club, or boys' or girls' camps or a guest house taking five or more people or motel;" The Board in arriving at its decision is following this particular section of the zoning by-law. At the, hearing the petitioner presented a front elevation designated "Green Harbor Village Baxter Ave:,, W.Ya-awtoumi Scale 1/$" = 1'. There was an additional floor plan designated "Family Suite A 672 sq.ft•.'= and uFamily Suite B 448 sq.ft.n and this plan was prepared by the architects Alger & Gunn of 396 lama SL., Hyannis and designated "Floor Plans Proposed Family -Suites for Green Harbor Village Baxter five., Wost Ya=outh, bass." There was an additional plan designated "Site Plan" and it indicated that the land area was 7.6 acres and that the building area was 7.25%. This plan xas also prepared by the firm of Alger & Gunn. The plan indicated all existing buildings and illustrated the proposed parking facilities for the oxisting and proposed facilities end further indicated thEk a jn-oposed sera a disposal syatFxe site had been a o ssachu- setts Dort. of Public Health, D1Viyion of Sanitsx7 Eug*eering for on danuaap 17, 1969. The petitioner also presented an aerial view showing the existing buildings that were involved in the property owned by the petitioner. At the hearing there appeared to be very strong organised opposition to the petitioner's plans. There were, petitions filed with the Board and there were several who appeared and voiced their app&sition to the request before the Boer d. Several spokesmen for those in opposition addressed the Board and the Board in reviewing those in opposition noted that the following objections were raised: a. Lowering of property values in the immediate area; b. Traffic congestion; e. Sewerage problems; d. getting precedent for further expansion; e. Hardship; and f. Lack of buildings conforming with existing structures. Following the presentation of evidence at the hearing the Board examined the AssessorsQ records and especially noted sheets 23, 24, 16, and 17. The Board finds that the petitioner has a unique parcel of land located at the southerly portion of Baxter Avenue. The property directly abuts along Lewis Bay and with Baxter Avenue lying to the west and Hill Crook lying to the east is a rather unique parcel of land. The Board considered the grounds upon which its opinion should be based and eliminated the consideration of a vuxiance and the possibility of an extension of a non -conforming use and proceded to analyze the petitioreres request as a request for an approval under the tome of tho Yarmouth Zoning By -Law. ZONE: The Boardfinds that tho area in question is in a residence district. The Board finds that Section II providso for the uses in this district in paragraph 8, subsection (f) for motels as a matter of discration. USE -PT THE TM OF ADOPTION OF ZOi TIM: LThe Board finds that the particular parcel of laid in its entirety was useg for public house- Imaping at the time of the adoption of the coning by-law. It appeared in euidenee and was not contradicted that prior to 1940 the promised had been known as Green F.arbor Village and was used for public housokeepingf mainly of a seasonal nature. T'r_e Board examined the plans that wore submitted and the Board finds that these are motel units similar to units used inihe Town of Yarmouth by motels catering to family groups. An examination of the plans indicatez; that those are in fact motel units and it is noted that the entire operatiox of the petitioner is limited to that of a seasonal business. Time petitioner further indicated at the hearing that the facilities would be used during the sumer season. The Town of Yarmouth has set forth certain regulations and zoning by-laws pertaining to motels and it is noted that all of these standards have been more than adgquately met by the petitioner, There is adequate frontage, adequate square feet of land tires, and adequate off-street parking facilities. JIll of the standards set forth in the by-law are to be strictly adhered to by the petitioner and this is set forth as a condition of this ap proval by the Baum of Appeals. The Board then considered at length the opposition adv=xtced at the hewing and noted the strong objection of many in the immediate neighborhood. The Board considered as septe items every subject that was raised by those in opposition and specifically notes the following: f 1. Traffic: The Board notes there has been tremendous growth in tim boadiate area. The Beard especially notes that in the area lying along the east and :nest of Baxter Avenue there has been tremendous growth in the last ten years. During this entire period of extensive growth tho motel has virtually remained the same size, there being one change which was the addition of sons eleven units in 1964. The additional motel units will. add somewhat to tse traffic to be sure, but the general growth in the area will also add additional traffic. The fact that the petitioner's property is at the southerly end of Baxter Avenue virtually controls sl.l. of petitioner's traffic along Baxter Avenue and it is felt that this can be adequately policed. The Board also notes that in the event that the petitioner kd utilized his premises for house lots it is reasonable to be7 dove that because of the value of this property along Lewis Bay that segbstantial homes would be erected and the potlantial use of the streets and rays .could be virtually the same as would come from petitioner's proposed facilities. 2. DMiz=ing e2cist= homes_ in the a -as: The Board does rot concur with this view and feels that this is strictly a matter of con. jecture. :i. Serarame Problems: The Board notes that the only aridence that aprearcd at the hearing was 'chat adequate sewerage facilities wot:ld be provided. It is also noted that the Department of Public Health, as etch as the Tom will. have to approva •tne proposed cew:age disposal system. Further, there was evidence that this re airsrenr had already been met. The Board considered tho size of pctitiore2ts parcel of lard and ire of the opinion that the existing facilities can be suitably accomodated on the 7.6 acreage. The Board is of the opinion, hoaover, that the proposed faciUties wL.0 tend to approach, if sub actually approach, tine maklmemr use of the pstitionorIs land and that any further mumnsion should not be contemplated by the petitioner. Therefore, after a fullconsideration of -all the evidence; including a thorough analysis of ail of the strong objections that were set forth to the Board, the Board approves the petitioners request, with the following conditions: 1. RcquLrzmants for sorcraZe disposal be strictly adha<ed to; 2. That, the fauc 3 tiea bo assed as a smwr scason?al operation and not as 8. Yeas -round bLainess. -lembers of Board voting: Harold L. Hayes, "k:edgo Shaw, George White, Walter Anderson, Emanuel DiTibcnio. A33 voted in favor. And we authorise a variance to: a" -,Low petit:ione :s request on the conditions not forth in; the dew cision. No permit issued efflil 20 da„vs from date o.- fi s g coci don with the Town Clark. &msn+ual MrMber io Acting Clark L TOWN OF YARt40UTH BOARD OF APPEALS Filed with Town Clerk: FEB 12 1969 Hearing Date: Jan. 2% 1969 Petitioner: Willard N. & Mary H. Munroe,Jr. Petition #919 DECISION The petitioner requested permit for a variance and/or approval: to add to existing motel or cottage colony, two 2-story buildings (20 units). Members of Board of Appeals present: Harold L. Hayes.. Eldredge Shaw, George Waite, Walter And- 4rson, Emmanuel DiTiberio. It appearing thht notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and that public notice of such hearing having been given by publication in the Cape Cod Standard Times on 1/9/69 and 1/16/69, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Charles Ardito, Atty., Peter Olkkola, Richard Cronin., The following appeared in opposition: Edmund F. Ward,Jr., Wiliam F. Pillion, Thomas J. Hannon, Thomas Golden, Mr. Coleman, Albert Flood, Theodore Frigidrichs, Mts. Peter Gavin, Steven Soresenski, Mr. Mills, Atty. Arthur Swanson, for abutter. J.P.McGuirs, for H.F.Realty desires conditional opposition. Petition signed by 15 in attendance at meeting. additional petition signed by 26. Letters by Edward J. Pacelli, Jenipher R. Sanderson, Louis J. Morin, Winthrop T. Lewis, Airs. James C. Limo and Germaine Lemmo, Eliza M. Flood, John and Virginia Campion, Catherine S. McElwain. Reason for decision: It appeared at the hearing that the petitioner was the proprietor of a business known as Green Harbor Village. It further appenred that the property was described as a parcel of land consisting of 7j acres of land and containing several buildings utilized during the sutmr season for housekeeping purposes. It further appeared thss the business was established prior to 1940 and well prior to the adoption of zoning in the Town of Yarmouth in 1945. It appeared that at the present time the facility can accomodate some 35 family units and that the petitioner caters to family groups. The Board noted that the Yarmouth Zoning By -Laws under Section II designated Residence District Uses in paragraph 8, subsection (f) provides that any of the following uses may be allowed upon the approval of the Board of Appeals: "Hotel, club, or boys' or girls' camps or a guest house taking five or more people or motel;" The Board in arriving at its decision is following this particular section of the zoning by-law. At the hearing the petitioner presented a front elevation designated "Green Harbor Village Baxter Ave„ W.Yarmouth Scale 1/8" = 11. There was an additional floor plan designated "Family Suite A 672 sq.ft." and "FanilLy Suite B 448 sq.ft." and this plan was prepared by the architects Alger & Gunn of 396 Main St., Hgannis and designated "Floor Plans Proposed Family -Suites for Green Harbor Village Baxter Ave., West Yarmouth, Mass." There was an additional plan designated "Site Plan" and it indicated tMt the land area was 7.6 acres and that the building area was 7.25%. This plan was also prepared by the firm of Alger & Gunn. The plan indicated all existing buildings and illustrated the proposed parking facilities for the existing and proposed facilities and further indicated that a proposed sewa a disposal stead si},e had beeossachu= setts Dept. of Public Health, Division of tart' Engi eermg for sub-aunrifa on January 17, 1969. The petitioner also prevented an aerial view showing the existing buildings that were involved in the property owned by the petitioner. At the hearing there appeared to be very strong organised opposition to the petitioner's plans. There were petitions filed with the Board and there were several who appeared and voiced their oppdsition to the request before the Board. Several spokesmen for those in opposition addressed the Board and the Board in reviewing those in opposition noted that the following objections were raised: a. Lowering of property values in the immediate area; b. Traffic congestion; c. Sewerage problems; d. Setting precedent for further expansion; e. Hardship; and f. Lack of buildings conforming with existing structures. Following the presentation of evidence at the hearing the Board examined the Assessors' records and especially noted sheets 23s 24, 168 and 17. The Board finds that the petitioner has a unique parcel of land located at the southerly portion of Baxter Avenue. The property directly abuts along Lewis Bay and with Baxter Avenue lying to the west and !Sill. Crook lying to the east is a rather unique parcel of land. The Board considered the grounds upon which its opinion should be based and eliminated the consideration of a variance and the possibility of an extension of a non -conforming use and proceded to analyze •the petitioner's request as a request for an approval under the terms of the Yarmouth Zoning By -Law. ZONE - The Board finds that the area is question is in a residence district. The Board finds that Section II provides for the uses in this district in paragraph 8, subsection (f) for motels as a matter of discretion. USE AT THE TR E OF ADOFTlW OF ZOHIM: LThe Board finds that the particular parcel of land in its entirety was use@ for public house- keeping at the time of the adoption of the zoning by-law. It appeared in evidence and was not contradicted that prior to 1940 the premised had been known as Green Harbor Village and was used for public housekeeping, mainly of a seasonal nature. The Board examined the plans that were submitted and the Board figs that these are motel units similar to units used inthe Torn of Yarmouth by motels catering to family groups. An examination of the plans indicates that these are in fact motel units and it is noted that the entire operatic of the petitioner is limited to thht of a seasonal business. The petitioner further indicated at the hearing that the facilities would be used daring the summer season. The Town of Yarmouth has set forth certain regulations and zoning by-laws pertaining to motels and it is noted that all of these standards have been more than adgquately met by the petitioner. There is adequate frontage, adequate square feet of land area, and adequate off-street perking facilities. All of the standards set forth in the by-law are to be strictly adhered to by the petitioner and this is set forth as a condition of this approval by the Board of Appeals. The Board then considered at length the opposition advanced at the hearing and noted the strong objection of mane in the immediate neighborhood. The Board considered as separAte items every subject that was raised by those in opposition and specifically notes the following: l.. Traffic: The Board notes there has been tremendous growth in tim mediate area. The Board especially notes that in the area lying along the east and west of Baxter Avenue there has been tremendous growth in the last ten years. During this entire period of extensive growth the motel has virtually remained the same size, there being one change which was the addition of some eleven units in 1964.. The additional motel units will add somewhat to tie traffic to be sure, but the generalgrowth in the area will also add additional traffic. The fact that the petitioner's property is at the southerly end of Baxter Avenue virtually controls all of Petitioner's traffic along Baxter Avenue and it is felt that this can be adequately policed. The Board also notes that in the event that the petitioner led utilized his premises for house lots it is reasonable to believe thht because of the value of this property along Lewis Bay that substantial homes mould be erected and the potbntial use of the streets and ways would be virtually the same as would come from petitioners proposed facilities. 2. Devalu,ng existing comes in the area: The Board does not concur with this view and feels that this is strictly a matter of con- jecture. 3. Sewerage Problems• The Board notes that the only evidence that appeared at the hearing was that adequate sewerage facilities would be provided. It is also noted that the Department of Public Health as well as the Town will have to approve the proposed sewage disposal system. Further, there was evidence that this requirement had already been met. The Board considerod the size of petitionarls parcel of land and is of the opinion that the existing facilities can be suitably accomodated on the 7.6 acreage. The Board is of the opinion, however, that the proposed facilities will tend to approach, if nn0 actually approach, the maximum use of the petitioner's land and that any further expansion should not be contemplated by the petitions--. Therefore, after a full consideration of all the evidence; including a thorough analysis of all of the strong objectionee that were set forth to the Board, the Board approves the petitionerve request, with the following conditions: 1. Requirements for saworage disposal be strictly adhered to; 2. That the facilities be used as a smmr seasonal operation and not as a year• -round business. Members of Board voting: Harold L. Hayes, Eldredge Shaw, George Waite, Walter Anderson, Dhmsannel DiTiberio. All voted in favor. And we authorize a variance to: allow petitioner's request on the conditions set forth in the dez cision. No permit issued uniil 20 days from date of filing decision with the Town Clerk. Emanuel DiTiberio Acting Clark Filed with Town Clerk: TOWN OF YARMOUTH BOARD OF APPEALS JAN 2 6 1978 Petitioner: Green Harbor Village 182 Baxter Ave. West Yarmouth, Mass. DECISION Hearing Date: 12/22/77 Petition No.: 1455 The petitioner requested a variance and/or approval and/or a special permit and/or an'extension of a non —conforming use to allow the construction of (6) six 2—bedroom family suites as located on plans submitted and shown on Assessors map #17—S1, consisting of 7.60 acres. Members of Board of Appeals present: DONALD HENDERSON ROBERT SHERMAN HERBERT RENKAINEN MORRIS JOHNSON JOHN NEYLON JOYCE SEARS It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and that public notice of such hearing having been given by publication in the Cape Cod Times on 12/5/77 and 12/12/77, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Palmer Davenport, Mr. Schott, Sheldon Segarman. The following appeared in oppsoition: Wm. F. Pillion (with petition), Paul Mills, (with petition), Thomas Golden, Ethel MacCausin, (by letter 5 in person), Edward J. Pacelli, (by letter,). REASONS FOR DECISION: Petitioner's request was considered as a request for an approval from the Board of Appeals under the by—law 18.02,11,F, which permits the use of a motel in a residential area. The subject property had been before the Board with a similar request in 1969, Appeal #919, where further motel use of the locus was ',,,approved. Counsel for one of the abutters, Attorney Walter H. McLaughlin, Jr., urged Petition No. 1455 Page 2 the Board to consider this request as one for a variance, on the grounds that the proposed effeciency units were apartments or dwellings (citing the case of Gallagher vs. the Board of Appeals of Falmouth, (351 Mass. 410, 1966). This Board felt a reading of the by—law 18.13, definitions, "dwelling unit" and "hotel or motel", most particularly the language pertinent to "transient basis" as applied to the facts of petitioner's appeal rendered the P-1eProed its more properly within the "motel" definition. In deference to Mr. McLaughlin, an informal opinion from Town Counsel -was sought, whose opinion concurredit" hat of the Board. Accord— ingly, this appeal was considered in light of the less stringent criteria applicable to permits. The Board carefully reviewed petitioner's plans in light of his assertions that the proposed additions conformed to the by—law with respect to land coverage, setbacks, etc. The Board concurred with the exception of the side yard setback (10' required by the parking and loading section 18.11), by the proposed driveway. A report from the Conservancy District was not required under the by—law because no activity was proposed within the District, nor was any septic system to be constructed within 75' of the District. A considerable amount of discussion arose at the hearing because of the absence of this report and a negative finding by the Planning Board, letter dated 12/21/77, based upon the erroneous assumption that the property was within the District that letter from the Planning Board. The Board of Appeals gave no weight to At the hearing, several neighbors (and abutters), testified as to the narrow— ness of the road, the high speed thereon, the effect of an additional blind drive— way on safety, and the effect of additional cars 'dn congestion. Petition No. 1455 Page 3 Prior to the decision, those Board members who had not recently viewed the locus, did so. The Board found that under the present plan, the petitioner had not demonstrated that no undue nuisance, hazard or congestion would be created. The Board specifically found that the proposed driveway and additional patrons, would likely create undue nuisance, harm and congestion and a likelihood of harm to the neighborhood result therefrom. Therefor, petitioner's request is denied. Members of Board voting: DONALD HENDERSON — Voted not in favor - ROBERT SHERMAN — MORRIS JOHNSON — JOHN NEYLON - " It " It JOYCE SEARS — Abstained from voting ROBERT W. SHERMAN Clerk TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: Hearing Date: 11/12/81 Petitioner: Green Harbor Village Motel Petition No.: 1794 Paul McBride, General Manager Blue Water Resort South Shore Dr. S. Yarmouth, Mass. DECISION The petitioner requested a special permit from the Board of Appeals to allow the repairing of approximately 310 ft. of existing concrete sea wall at Mill Creek in West Yarmouth, Mass.. Property located at the Green Harbor Village Motel, Baxter Ave., West Yarmouth, Mass., and shown on Assessors map #17-Sl. Members of Board of Appeals present: Donald Henderson, David Oman, Joseph Pandiscio, Myer Singer, Thomas George. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun on 10/27/71 and 11/4/81, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Arlene Wilson, Barnstable Survey Consultants, representing petitioners. The following appeared in opposition: None. Reasons for decision: This is a request for working in the Conservancy District, and the Board takes the position that this is a question that calls for a yes or no response. Therefore, the Board approves the request that the petitioner be allowed to do work, subject to the regulations and controls of other town boards which have jurisdiction over these matters. Members of Board voting: Donald Henderson, David Oman, Thomas George, Myer Singer, Joseph Pandiscio. All voted in favor of granting petitioner's request. Therefore,the petition to allow the repairing of approximately 310 ft. of existing concrete sea wall at Mill Creek in West Yarmouth, is granted as requested. No permit issued until 20 days from the date of filing the petition with the Town Clerk. ROBERT W. SHERMAN Clerk TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: Petitioner: Palmer Davenport & David Mugar 20 No. Main St. S. Yarmouth, Mass. DECISION Hearing Date: 12/22/83 Petition No.: 2014 The petitioners requested a variance and/or special permit from the Board of Appeals to allow an addition approximately 18' x 28' to an existing garage/storage facility. Said garage is part of a cottage colony located in a residential zone, known as Green Harbor Village,Baxter Ave., W.Yarmouth, Mass., shown on Assessors map #17-51. Members of Board of Appeals present: Donald Henderson, Myer Singer, Joseph Pandiscio, Richard Neitz,David Oman. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun on 12/7/83 and 12/14/83, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Palmer Davenport; Mr. Short, Manager of Green Harbor; Arthur Swanson, rep. son-in-law, concerned by noise; by letter, John Zegel and Joan Cummings. The following appeared in opposition: None. Reasons for decision: This is a request for a special permit to allow an addition approximately 18' x 28' on an existing garage/storage facility, situated in Green Harbor Village, so called, on Baxter Ave., West Yarmouth, Mass.. In essence, this is a request for an addition to a non -conforming structure. No opposition was expressed at the hearing, although a few immediate abutters expressed concern of possible noise. However, these abutters indicated to the Board that they were satisfied the petitioner would work with them to make certain that no nuisance was created. Based on all the facts presented, the Board is satisfied and finds that the request will not create any undue nuisance, hazard or congestion and wil not cause any harm to the established or future character of the neighborhood. In addi- tion, the Board finds that the proposed addition will not be any more detrimental to the neighborhood than what is presently existing. In other words, the Board finds that all criteria of Sec. 1532 have been met and grants a special permit to construct the proposed addition as shown on the plans filed with the Board. Further, permission is granted to con struct a wall or other barrier extending easterly from the proposed addition, if the peti- tioner feels it would be advisable; Members of Board voting: Donald Henderson, Myer Singer, Joseph Pandiscio, Richard Neitz, David Oman. Unanimous in favor to grant petitioners request. Therefore,the petition is granted as requested for the above stated reasons. No permit issued until 20 days from date of filing decision with the Town Clerk, MYER R. SINGER Clerk Town of Yarmouth Board of Appeals Q�•a,- , Filed with Town Clerk: JAN 22 WD •90 iAN 22 P3.43 Hearing Date: January 11, 1990 ,TH Petition No. 2700 1LWH L": t:r' <. Petitioner and Owner: David G. Mugar and Davenport Realty Trust D/B/A Green Harbor Village, 182 Baxter Avenue, West Yarmouth, Massachusetts. DECISION Relief Request: THE PETITIONER HAS APPEALED FOR RELIEF: To remodel, change, and alter certain pre-existing non- conforming structures, as well as to allow such other relief that the Board of Appeals deems meet and just; and to waive strict compliance with its rules and regulations where the Board may deem such appropriate. Locus: The property is a certain parcel of land situated in Yarmouth (West), Barnstable County, Massachusetts, as shown on Assessors Map, Sheet 17, Parcel S-1 as more fully and accurately described on Land Court Certificate 155333. Plans: The petitioner has submitted plans depicting the current and proposed improvements. Site Plan - Dated Jan. 4, 1989 by Engineering Services of Cape Cod, three pages. Building Plans - Floor plans and elevations, and profiles by Davenport Building Company. Filing: The Petition was duly filed. Notice was given as re- quired by law, including twice publication in the Yarmouth Sun. Those appearing in favor of the petition: Mr. Paul McBride, Palmer Davenport and DeWitt Davenport Those appearing in opposition'of the petition: None Criteria and Authority: follows: The criteria for granting of the special permit are as 1. Zoning By—law Section 103.2.2: Special permits .90 JAN shall not be granted unless the applicant demon— strates that no undue nuisance, hazard or con— gestions will be created and that there will be 1l%WHLLERK no substantial harm to the established or future character of the neighborhood or town. 2. The change, extension or alteration of a prior existing nonconforming structure criteria are stated in Section 104.3.2 of the By—laws as follows: "Pre—existing nonconforming structure or uses may be extended, altered or changed in use on special permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use." Facts and Criteria Summary: Green Harbor Village is a resort community having nineteen (19) buildings and amenities on 7.6 acres of land. The property is essentially a peninsula of land and has been improved over the last fifty (50) years. There are fifty—one (51) units on the locus. The petitioner intends to enlarge two (2) build— ings, as per plans submitted. The toal gross area of new improvements is 892 S.F. This new area as a percentage increase in habitable space is .0042. The number of new units created — none, in fact the pertitioner is decreasing the number of habitable units by one. The number of new sleeping facilities — none. Traffic impact — none. Parking impact — none. The petitioner, as encouraged, has gone through the Site Plan Review process and Conservation Commission. The Board of Health Agent, as a member of the Site Plan Review Team, requested some modifications to the proposed Title V Systems, and those changes have been reflected in the plans submitted. Further, the petitioner has agreed to upgrade all remaining septics systems within the next 3 to 5 years. The Conservation Commission has issued Orders of Condition for the requested work. — 2— n-,-. n, .... C, The board considered the facts presented, reviewed the qualities of the requested improvements and concluded that the desired relief would not be a substantial detriment to the public good; or nullify or substantially derogate from the intent and purpose of the By-laws of the Town of Yarmouth. Furthermore, the issuance of this permit will not create undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Therefotp, the request is unanimously granted in it's entirety with the following condition: 1. The septic systems for the renovations of units 28,29,37,38, 39, and 40 must be upgraded to Title 5 septic systems per engineered plan. 2. Units 34,35, and 36 septic systems are to be upgraded per engineered plan, as the existing cesspools are within 15' to the edge of the seawall. 3. The engineered plan must also reflect the area and septic system profiles, for upgrading the septic systems to Title 5 for units 21,22,23,24,25,27,41,42,43,and 44. 4. That the petitioner submit an overall septic system design plan for the units on the Mill Creek side of Green Harbor Village, along with the additional upgrading of the septic system for units 34,35, and 36. RE r -90 JAN 22 P 3 . IJ)WN LLLrO, a 1 kA 5. All construction to be in accordance with plans submitted and dated Jan. 4, 1989, for Davenport Realty Trust and David Mugar d/b/a Greenharbor Village by Engineering Services of Cape Cod. Fritz Lindquist clerk Decision: The board considered the facts presented, reviewed the qualities of the requested improvements and concluded that the desired relief would not be a substantial detriment to the public good; or nullify or substantially derogate from the intent and purpose of the By-laws of the Town of Yarmouth. Furthermore, the issuance of this permit will not create undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Therefor4 the request is unanimously granted in it's entirety with the following condition: 1. The septic systems for the rdnovations of units 28,29,37,38, 39, and 40 must be upgraded to Title 5 septic systems per engineered plan. 2. Units 34,35, and 36 septic systems are to be upgraded per engineered plan, as the existing cesspools are within 15' to the edge of the seawall. 3. The engineered plan must also reflect the area and septic system profiles, for upgrading the septic systems to Title 5 for units 21,22,23,24,25,27,41,42,43,and 44. 4. That the petitioner submit an overall septic system design plan for the units on the Mill Creek side of Green Harbor Village, along with the additional upgrading of the septic system for units 34,35, and 36. Rom,,, ��,-- -90 JAN 22 P 3 u iJ IUWH LLLhh a iritA 5. All construction to be in accordance with plans submitted and dated Jan. 4, 1989, for Davenport Realty Trust and David Mugar d/b/a Greenharbor Village by Engineering Services of Cape Cod. Fritz Lindquist clerk Town of Yarmouth Board of Appeals Filed with Town Clerk: March 22, 1991 Hearing Date: March 21, 1991 Petition No. 2815 R 117(r1 V r-- Petitioner and Owner: David G. Mugar and Davenport4Realty Trust D/B/A Green Harbor Village, 182 Baxter Avenue, We��tD Yarmouth, Massachusetts. '91 MA1,22 . Q2:25 (J� ," T.GWN' 9F vARM9i?;t DECISION IOWN CLERK & TREASUF 1.11 Relief Request: THE PETITIONER HAS APPLIED FOR THE FOLLOWING RELIEF: The Petitioner requests a special permit under S 104.3.2 and a variance under section 102.2.2 of the Yarmouth Zoning By Law to a) extend, change and alter certain pre-existing nonconforming structures/use, b) to demolish two (2) buildings known as Units No. 37, 38, 39, 40 including foundation and construct two (2) new buildings on new foundations 446 square feet to be added to each building and number of rooms to remain the same c) to allow such other relief that the Board of Appeals deems meet and just d) to waiver strict compliance with its rules and regulations where the Board may deem such appropriate. The property is a certain parcel of land situated in Yarmouth (West), Barnstable County, Massachusetts, as shown on Assessors Map, Sheet 17, Parcel S-1 as more fully and accurately described on Land Court Certificate 155333. Plans• The petitioner has submitted plans depicting the current and proposed improvements. (The same plans as filed with Petition No. 2700) Sit Plan - Dated January 4, 1989 by Engineering Services of Cape Cod, three (3) pages. Building Plans - Floor plans and elevations, and profiles by Davenport Building Company. Filing: The Petition was duly filed. Notice was given as re - required by law, including twice publication in the Yarmouth Sun. Those appearing —in —favor of the petition: Mr. Paul.McBride, Palmer Davenport and DeWitt Davenport Those appearing inoppositionof—the—petition: None Criteria and Authority: follows: The criteria for granting of the special permit are as 1. Zoning By-law Section 103.2.2: Special permits shall not be granted unless the applicant demon- strates that no undue nuisance, hazard or con- gestions will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. 2. The change, extension or alteration of a prior existing nonconforming structure or use criteria are'stated in Section 104.3.2 of the By-laws as follows: "Pre-existing nonconforming structure or uses may be extended, altered or changed in use on special permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use." Facts and Criteria Summary: Green Harbor Village is a resort community having nineteen (19) buildings and amenities on 7.6 acres of land. The property is essentially a peninsula of land and has been improved over the last fifty (50) years. There are fifty-one (51) units on the locus. The petitioner received a special permit, Petition No. 2700 at a hearing on January 11, 1990 to en- large the two buildings, where shown as per plans submitted. The total gross area of new improve- ments is 892 S.F. This new area as a percentage increase in habitable space is .0042. No new units were created, in fact the petitioner de- creased the number of habitable units by one. No new sleeping facilities were added. The Petitioner, prior to the hearing on Petition No. 2700 was encouraged, and did go through the Site Plan Review process and Conservation Commis- sion. The Board of Health Agent, as a member of l the Siie Plan Review Team, requested some modifi- cations to the proposed Title V Systems, and those ange,�, have been reflected in the plans submit- ted. :;Tfie Conservation Commission has issued O derljif Condition for the requested work. r C z� l oZ - 2 - P,' I r Facts and Criteria Summary: Petition No. 2700 was approved with several conditions. The petitioner has upgraded the Title V septic systems in accordance with the plans during Phase 1 of this project, specifi- cally the remodeling - reconstruction of Units 28 and 29. The petitioner commenced the final phase of the project in early 1991, at which time it was determined that the existing buildings (known as Units 37-38 and 39-40) and their foundations, were far more deteriorated than expected and were not suitable for accommodating the proposed renovations and additions. The petitioner therefore replaced the original foundations in their entity and in so doing, completely dismantled the existing buildings. The �i new foundations and construction will conform to L current flood -plain standards, and will comply with thg_ Tans and specifications originally ;approved �y the Board in its decision 92700 W.;theyet�tioner therefore seeks no change in the .:-previoue.!�y granted special permit, except to E.allRJw tifed"replacement" of these two buildings (, wit& eglagvalent new buildings rather than re- `.,modFRlingtJ;hem as originally contemplated and ;•- allowed` The board con te dered the facts presented, reviewed the qualities of the improvements previously approved and concluded the requested improvements and the desired relief would not be a substantial detriment to the public good; or nullify or sub- stantially degrogate from the intent or purpose of the By-laws of the Town of Yarmouth, Furthermore, the issuance of this permit will not create undue nuisance, hazard or conjection and that there will be no substantial harm to the established or future character of the neighborhood or town. A motion was therefore made by Mr. Henderson, Seconded by Mr. Lindquist, to grant the petition for a Special Permit, as requested, (but to deny the alternative relief of a variance), and on the condition that the remaining provisions in decision #2700 will remain in effect. There was discussion among the Board members about the fact that ordinarily the Board would not, by Special Permit, permit the complete replacement of a structure. However, in this instance, it was noted that the primary "non -conformity's is the "use" of the premise, not the structures. Since the use has been decreased slightly (permit #2700) and the new buildings will be substantially identicle to the old buildings, the majority of the Board is satisfied that the granting of the re- quested permit.would be appropriate in this instance. 3 - Mr. Henderson, Mr. Lindquist, Mr. Campbell and Mr. Tuttle voted in favor of the motion; Mr. Reid voted against. The motion therefore is passed. The Special Permit is therefore granted. No permit shall be issued until twenty (20)days of filing of the decision with Town Clerk. David Reid, Clerk V CJ r,a ca..i N G a is x �— r N ¢ .Y�.. t Z U {✓ 4 s � a - 4 - TOWN OF Y .O•JTIi BOARD OF APPEALS -- DECISION FILED WITH TOWN CLERK. SP 16 1094 c. PETITION NO: 3128, 3129, 3130, 3131 HEARING DATE: September 8, 1994 - G PETITIONER: Best Western Blue Water Resort Hotel (#3128) 291 South Shore Dr. South Yarmouth MA 02664 Green Harbor Village 182 Baxter Ave. (#3130) West Yarmouth MA 02673 Red Jacket Beach Motor Inn 1 South Shore Dr. (#3129) South Yarmouth MA 02664 Riviera Beach.Resort 327 South Shore Dr. (#3131) South Yarmouth MA 02664 PROPERTY: 327 South Shore Dr. South Yarmouth MA. Assessor's Map 22 Par- cels T122, T125; 182 Baxter Ave., West Yarmouth MA. Assessor's Map 17 Par- cel Sl; 1 South Shore Dr., South Yarmouth MA. Assessor's Map 14 Parcel Z1. MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman, Fritz Lindquist, John Richards, Richard Brenner, Joseph Conroy It appearing that notice of the hearing has been given by sending notice to the petitioners and all of those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in the Yarmouth Sun, the hearing was opened and held on the date stated above. These four (4) petitioners involve virtually identical issues relating to certain recreational activities conducted at these sites. As all four (4) businesses are under common or overlapping ownership or control, the peti- tioners requested and the Board agreed to conduct all four hearings simul- taneously. All four petitioners are Motel/Hotel establishments, located within the Residential (R-25) zone. Each is a pre-existing non -conforming business. Each petition presents issues relating to the lawfulness of existing "aquatic recreational activities" (so-called) being offered at the establishments to the guests and to non -guests of the Motel/Hotel. By letter of July 8, 1994 (to the Red Jacket Inn), July 14, 1994 ( to the Blue Waters), July 18, 1994 (to the Green Harbor Village and to the Riviera Beach Resort), the Yarmouth Building Inspector instructed these petitioners that their so called aquatic activities were in violation of the Zoning Bylaws because they constitute Miscellaneous Amusements and Recreational Services (N-11). The petitioners have appealed each of these rulings by the Building Inspector, and each petitioner further requests the Board to "define the term accessory use" relative to these businesses and activities. The petitioners were presented to the Board by Mr. DeWitt Davenport. He represented that these activities include: offering "Banana Boat" rides, parasailing, catamaran rides, surf -sailing, and paddle boat rentals. Some combination of these activities are offered at each motel. These activities are run for the motel by sub -contractors who are properly trained and staffed to insure safe operations. However, the petitioners maintain suf- ficient supervision and ultimate control so as to be sure that these acti- vities do not interfere with or detract from the principal motel uses. The petitioners have marked out designated areas to which these activities are restricted. Some of these, or similar activities have been offered by the petitioners since 1968, according to Mr. Davenport. The majority of the individuals (approximately 70-75%) using these activities are guests of the motels. Non -guests are required to register with the resort or activity operator and receive a "registered guest day -pass". Mr. Davenport repre- sents that each facility has adequate perking, and that there have not been reported any problems with traffic, parking, noise, crowds, or congestion, nor have there been any accidents or dangerous situations. Mr. Michael Frucci, Director of the Cape Cod Chamber of Commerce, and Mr. Robert Du Bois, Director of the Yarmouth Chamber of Commerce, spoke in favor of these petitions, each observing that these activities are a growing part of the modern motel and resort industry for the area. Mr. Howard Wensley, a neighbor, spoke in opposition to the petitions, citing concerns for safety and the inappropriateness of such activities being offered to the general public in these residential zones. Members of the Board expressed some concern about these activities being available to the general public by separate vendors. There was general agreement that such activities, if restricted to guests, would be an allowed use, incidental to the principal motel use. It was noted that each of these particular businesses characterizes itself and consistently endeavors to operate as a "resort" facility, offering ancillary services to its guests and, to a limited extent, to non -guests who wish to utilize such accessory services. The petitioners operations, and self-imposed controls and restrictions upon these activities, clearly keep them subordinate to the motel use and principally available to motel customers, potential motel cus- tomers, and guests of the registered motel customers. Some of the board members expressed their belief that the activities, as represented, consti- tute sufficiently related accessory uses, incidental to the principal motel use, (although probably at the extreme limit of such a category). Other members expressed a desire to allow these activities only for a trial period, in order to better review and assess their impact upon the community and the effectiveness of the petitioners' controls. After further delibera- tions, a Motion was made by Mr. Richards, seconded by Mr. Conroy, to over- turn the decision of the Building Inspector, and to find that these parti- cular activities, conducted as represented by the petitioners, are permis- sible accessory uses to the principal uses of these Motel/Resorts, includ- ing their incidental use by registered day -guests; but to decline to other- wise "define" the term accessory use, such a defining being beyond the authority of this Board in this context. Mr. Richards, Mr. Conroy, Mr. Campbell, and Mr. Brenner voted in favor of the Motion; while Mr. Lindquist voted opposed to the Motion. The Motion is therefore passed and the Build- ing Inspector's decisions appealed from are accordingly overturned. Appeals from this decision shall be made pursuant to ss17 c40A and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. !�'__%iL,! •'.fit. � . � David S. Reid, Clerk Board of Appeals FILED WITH TOWN CLERK: PETITION NO: PETITIONER: HEARING DATE: PROPERTY LOCATED AT: Avenue, West Yarmouth, S1. TOWN OF YARMOUTH BOARD OF APPEALS DECISION JAN 2 1 1994 3050 Green Harbor Village January 13, 1994 R .._ '94 JAN 23 H .24 TOWN CLERK FREA`,UH Green Harbor Village, 182 Baxter MA and shown on Assessor's Map 17 as Parcel PETITIONER REQUESTS: By special permit or variance an addition of approximately 240 square feet to the office building, and to allow all other relief the Board deems meet and just. MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman Fritz Lindquist, David Reid, John Richards, Dick Neitz It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun, the hearing was opened and held on the date first above written. The petitioner, represented by Mr. DeWitt Davenport, proposed to increase the size of the existing office building contained within this motel/cottage colony. The use is non -conforming. The site consists of approximately 5.6 acres, containing multiple buildings and cottages. The seasonal business is operated from the existing office building, located near the entrance to the complex. The structure is an irregular shaped eight (8) sided building, containing approximately 260 square feet of floor space. The petitioner proposed to enlarge the buildina on its southeasterly side (away frcm the lot line and toward the interior of the site), adding approximately 80 square feet of new floor space. The construction would make the building an even hexagon., each side being approximately 11' wide, consistent with the existing northerly and westerly sides. The petitioner represents that the additional area within the building is needed in order to accommodate the modern equipment and needs of the "office" use of the structure. The present irregular shape of the building does not permit effective use of the space, nor will it accommodate the physical needs of the business operations housed in it. The structure will presently only acccmnxdate one employee and will not permit effective use of modern office services and equipment associated with the operation of the business. The addition itself will not encroach upon the lot line, nor upon any other structures. The physical addition itself will not create or exaggerate any existing dime-sional non -conformities. The petitioner has presented to the Scard a plan of the existing site, along with photographs of the structure and architecture (from New England Design, dated 12/13/93) showing the area of the proposed construction. The Board is satisfied that this alteration or expansion of this non- conforming use may be allowed without causing any substantial increase in the affect of this use upon the surrounding neighborhood. The majority of the Board is also satisfied that the criteria for a variance are also satisfied in that the hardship to the petitioner is the result of the very irregular shape of the building, that this circumstance affects this site only and is not a condition common to the area, that the alteration of the shape of the building, so as to make it a regular shape, may be done without substantially derogating from the intent and purpose of the Zoning by law and without causing substantial harm to the character of the neighborhood. Therefore, a Motion was made by Mr. Lindquist, seconded by Mr. Neitz, to grant the special permit (§104.3.2) and the variance, as requested. Mr. Campbell, Mr. Lindquist, Mr. Neitz, and Mr. Richards voted in favor of the Motion; Mr. Reid voted against the Motion. The special permit and variance are therefore granted. No permit shall issue until the passing of 20 days from the filing of this deciswith the Town Clerk. David S. Reid, Clerk Board of Appeals APPEALS FROM THIS DECISICN SHALL 3E MAD_ PURSUANT TO ss17 c4: A & ,AUST 3c FIL`_D NYiT}'.IN .^.0 ^AY3 A'? . TX= i:L!:;G O THIl NOTIC_/C =ILEON WITH T;iBTOWIN CL —I'K, c r L r_ a — �,. z N ➢�_ �n_ N TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: `�5 PETITION NO: #3365 HEARING DATE: January 23, 1997 ��� °:' FEE - p • . PETITIONER: Davenport Realty Trust & David G. Mugar D/B/A Green Harbor Village PROPERTY: 182 Baxter Ave, West Yarmouth, MA 02673 Map: 17 Parcel: S1 MEMBERS OF THE BOARD PRESENT AND VOTING: David Reid, Chairman, James Robertson, Jerry Sullivan, Andrew Ryan, Mike O'Loughlin. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner, represented at the hearing by Mr. DeWitt Davenport, seeks a Special Permit and or/Variance to expand and remodel 18 existing motel units at this complex. The property is located in an R-25 zone, and is an existing non -conforming use. The proposed expansion of each unit will occur within the existing foot print/roof line, by expanding into parts of the existing deck areas along the side of the building. No new units will be created. No new bedrooms will be created. The occupancy potential for the building will not be increased. No new kitchens will be added, but existing kitchens facilities will be enlarged and upgraded. The use will remain as a seasonal resort motel. The proposed expansion will themselves comply with applicable building setback requirements. The petitioner has filed with the Board building design plans, showing typical proposed room designs. That plan, by Donald I. Myer, is incorporated herein by references, as a typical proposed layout. Complete detailed architectural plans will need to be filed with the Building Department in order to secure necessary building permits, but the Board satisfied with these proposed plans for purposes of assessing the relief needed from this Board. No one spoke in opposition to the petition. Of major concern to the Board, however, were the fire safety issue which will be the result of the proposed expansions into the second floor balcony areas. The effect of the expansion will be eliminating the use of the balcony by adjoining units for fire exit purposes. Alternative safety considerations and possible changes in the plans were discussed among the Board. While not fully satisfied with the proposal, in this respect, the majority of the Board felt that this issue should be addressed by careful review of the finished plans by the Building Department and Fire Department, for maximum possible compliance with available fire safety procedures. The majority of the board is satisfied that this expansion may be made without being substantially more detrimental, and without creating any undue nuisance, hazard or congestion. A motion was made by Mr. Robertson, seconded by W. Ryan, to deny the variance request, without prejudice, as being unnecessary, and to grant the Special Permit per §104.3.2, to allow the alterations as purposed. Mr. Reid, Mr. Robertson, Mr. Ryan and O'Loughlin voted in favor of the motion, Mr. Sullivan voted opposed to the vote. The Special Permit was therefore GRANTED. Appeals from this decision shall be made pursuant to c40A §17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk Massachusetts Department of Environmental Protection 115244 Bureau of Resource Protection - Waterways Program Transmittal # BRP WW 01 Waterways License or Permit I BRP WW 03 Amendment to Waterways License or Permit General Waterways Application Municipal Zoning Certificate Please type Or Name of applicant Inforn Lion all Palmer Davenport pint clearly po c/o Paul McBride provided on Project street address this form. Baxter Avenue City?own Yarmouth Waterway Mill Creek Description of proposed use or change in use To license and maintain exisbna concrete and rock retainina wall and beach access stairs To be completed by municipal clerk or appropriate municipal official: hereby certify that the project described above and more fully detailed in the applicant's waterways license application and plans are not in violatio of local zoning ordinances and bylaws". �ktCS A T,a4dv/lhr Of Y,;? 1-Av Massachusetts Department of Environmental Protection i fvrDfPuteonly 115244 Permit mo Transmithal# _. Transmittal Form for Application fle„mr a and Payment PermdO APPr. ElDenied Deasinn Date Facility ID(if known) Application Information B _R P .N N 0 2 INSTRUCTIONS Permit Approval orother Calegary(ae✓en cheracterobe from drehom die drstpage oldie directions on HowtoApply). Examp1es:8WP4001,8RPWP01,ed. 1. Please type or print. Use a separate Transmittal Form for each application. 2. Use an original, 3-part Transmittal Form for each application. Photocopies will not be accepted for any application or payment. (You may use photocopies for reserve location, where applicable.) 3. Make check payableto Commonwealth of Massachusetts. Please mail check and yellow copy of Transmittal Form to: Department of Environmental Protection, P.O. Box 4062, Boston, MA, 02211. 4. Both fee exempt and non-exempt applicants must mail yellow copy of Transmittal Farm to: Department of Environmental Protection, P.O. Box 4062, Boston, MA, 02211. Category Name WATERWAYS AMNESTY LICENSE Briet Project nescrlplion Applicant or Legally Responsible Official Palmer Davenport c/o David Nugar. Trustee tastName First Name Middle Initial 20 North Main Street Address South Yarmouth MA 02664 (508 )398 -2293 ext. civrewn sate Zip Code Telephone Number (including area codeandwension) Conga Facility, Site or Individual Requiring Approval Name offedi l,, Site orindivldied Baxter Ave _ Address Yarmouth NA 02664 ( 1 - exr. City?own $ba Zip Code Telephone Number (ixtuding arm code andexemmon) Application Prepared By (if different from section B) Coastal Engineering Co., Inc- (astName First Name Middle Initial 260 Cranberry Highway Address Orleans MA 02653 (508 ) 255 15 11 ext. Ciry/rown sale Zip code relephodeNumber(includingarea code and extension) Thomas W. Joy, P-E. Contact CSPNumber(drllEarly) Other Related Permits: if you are applying for other permits related to this application, please list them below. Transmittal ND. I Category I Description Amount Due Special Provisions:.] Fee Exempt* (city, town, district, or municipal housing authority) (state agency if permit fee is $100 or less) • Hardship Request (payment extension according to 310 CMR 4.04(3)(c) ❑ Alternative Schedule Project Request (according to 310 CMR 4.05 and 4.10) There are no fee exemptions for21E sites, regardless of the applicant's status. Check No. DDIIarAmount$ 100-00 Make check payable to commonwealth ofMassachuselfs. Please mail check and yellow copy of Transmittal Form to: Department of Environmental Protection, P.O. Box 4062, Boston, MA, 02211 WHITE: must accompany application YELLOW: must accompany payment PINK: retain for your records Rev 7194 CAPE COD FIVE 3878 COASTAL ENGINEERING CO.. INC. ORLEANS, MA 02653 260 CRANBERRY HIGHWAY 53.7107-2113 CHMOAIE RE NO. ORLEANS, MA 02653 10-01-96 3878 AMOUNT $100.00 PAY. One HUndred and 00/100 Dollars TO: Commonwealth of Massachusetts 11800387811'-1: 2 4 13 7 10 781: 89 200312011, Sao bstrectiors on page 1 before completing sections A-0 of this form Massachusetts Department at F.arlmameatai Pratectfan j 115244 Bureau of Resource Proteafon — Waterways Program rrdnsmamts BRP WW 01 Waterways License or Permit: Nan Amnesty BRP WW 02 Waterways Amnesty License or Interim Approval BRP WW 03 Waterways Amendment to License or Permit General Watemys Application Project Information i. Which permit category are you applying for? Cl BRP WW 01 Q BRP WW 03 )M BRP WW 02 (Amnesty) Z. Applicant: Palmer Davenport David Mugar, Trustee AIM 20 North Main Street South Yarmouth, MA 02644 Crrylro n Scar (508) 398-2293 rdf=M(ftrs) ( 1 3. Authorized agent (If any): Coastal Enoineerino C Nano 260 Cranberry Highway Address Orleans, HA 02653 GhlIc" Sim ._ (508) 255-6511 Weiarr 4. Property owner. NmelCacrauuoaa7pGar/ - Map 17 Parcel S-1 LdAWS) BFrf AGB�ra Baxter Ave 7: Project description: License to maintain existing btUttead, rock,_. and beach access stairs. 8. Description cf existing an' -proposed use(s): Shorefront Prot Lion S. Is this application for an Amnesty Interim Approval? Q Yes X)Q No VYW..submit plans prepared in ar_urdance with: AppendixA. 10. What is the approximate total cost of the project (including materials & labor)? Existing Structure 11. List the name and complete mailing address of each abutter (attach additional sheets, I necessary): t=das(sesraA=) Man 17 Parcel ! Map 17 Par Yarmouth Barnstahle Raymond Green, Jr. Ttee Paul Mills ❑biro o Cam% Raymon, MarilynHi 727 Pearse Road Box 70 S. Name of the water body. Swansea. MA 1119777-17AnJacobs Road Southbridge, 14A 01550 Mill Creek 12 3 have attached project plans is accordance with the 6. The water body at the project site is: instructions contained in_: (check 1 or more of both a & b) ❑ Appendix A (for hderimApproval applications) a. Xtl Tidal- Q Filled Tidelands Q Great Pond Q Appendix B (for Palma applications) Q RivedStream Q Uncertain Q Appendix C(for Licenseapplications) b. X13 Natural ❑ Mart -Made 0. Uncertain Appendices A=C begin an page 7 of this Applkation Package. Bev. V93 page 2 of 8 Massachusetts Department of Ea ftameutal Pmfectlaa 115244 Bureau of Resource Protecton — Waterways Program Trinsmdf f BRP WW 01 Waterways License or Permit: Non Amnesty 1 . BRP WW 02 Waterways Amnesty License or Interim Approval BRP WW 03 Waterways Amendment to License or Permit General WaterwaysAppllcatlon Certffiratlnn Plea We or print ft* all Imomatlon Provided an this 10ML All applicants. property owners and autharbd agents must sign this page. All future application correspondence M. be signed by the authorized agent alone. I hereby make application for a permit or license to authorize the activities I have described herein. Upon my signature. I agree to allow the duty authored representatives of the Massachusetts Oepartment of Environmental Protection and the Massachusetts Coastal Zone Management Program to enter upon the premises of the project site at reasonable times forthe purpose of inspection. 7 hereby certify that the information submittd in this application is true and act rate to the best of my knowledge.' Anpranstlexvr 30 59r 36 also PmaMY a.,rom aQrvnue (1 BOe+mOo>7na'a.r O/ve//� AgaVt.v�atae (Y umNr^.te) ttre 13 Waterways Dredging Addendum erA 1. Provide a descipticn of the dredging projam 2 What is the purpose of the dredging? S. What is the volume (cubic yards) of material to be dredged? 4. What method will be used to dredge? S. Describe the disposal method that will be used and give the disposal location Include a separate dtsposai site location map): Page 3 at 8 COASTAL ENGINEERING CO., INC. 260 Cranberry Highway ORLEANS, MASSACHUSETTS 02653 (508) 255-6511 FAX (508) 255-6700 TO Mr. John Simpson. Section Chief DEP - Waterways One Winter Street. 8th Floor LETTER OF TRANSMITTAL DATE: 9/30/96 JOB NO.: C10-460 ATTENTION: RE: Chapter 91 License Application Green Harbor Palmer Davenport Baxter Ave South Yarmouth, MA 02664 Boston, MA WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via _Cert. Mail 9 the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change Order COPIES DATE NO. DESCRIPTION 2 9/ 10/96 Transmittal Form for Permit Application & Payment 2 9/30/96 Chapter 91 License Application 1 9/30/96 Check for Permitting Fee THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ ❑ For your use ❑ ❑ As requested ❑ ❑ For review and comment ❑ FOR BIDS DUE 1114MV, 3141 Approved as submitted I-] Resubmit _copies for approval Approved as noted ❑Submit copies for distribution Returned for corrections ❑ Return corrected prints 19_ ❑ PRINTS RETURNED AFTER LOAN TO US PLEASE SUBMIT ALL CORRESPONDENCE TO: COASTAL ENC-;N' ?- iNG CO., INC 260 C2IV E...., HIGHWAY COPY TO: Palmer Davenport SIGNE - � &4c-v Member Calculations Report Mid -Cape Home Centers Route 134 PO Box 1418 South Dennis ma 02660 508-398-6071 508-398-4559 Level Name: SECOND FLOOR Status: Plotted Application: Floor Non -Residential: No Design Date: 519/00 4:10:08 PM Report Date: 1/9/01 10:59:35 AM Object: Flush Beam #23 General: Product: 5 1/4" x 11 7/8" 2.0E Parallam PSL Plies: 1 Deflection Criteria: Standard, Live Load L/360, Total Load L/240 Member Weight (plf) per ply: 19.5 Moment (Ft-Ibs) Design Value Control Value It Shear (Ibs.) -8848 29854 Passe Live Load Deflection (") -3128 06" 12053 Passed Total Load Deflection (") 38" Passed Reaction (Ibs.) .11" 11059 .57" 11550 Passed Passed Bearings: Bearing I Location Input Length Required Length Wall # 6 0 5 1/2" 5 1/2" 2 Wall # 8 0 5 1/2" 5 1/2" 3 Wall # 14 24' 8" 5 1/2" 5 1/2" 4 Wall # 15 24' 8" 5 1/2" 5 1/2" 5 Column By Others # 24 23' 8" 5 1/2" 5 1/2" 6 Column By Others # 30 1' 5 1/2" 5 1/2" 7 Column By Others # 4 12' 4" 5 1/2" 5 1/2" Reactions: Assumed Member Weight (pit): 14 Location Dead Load Live Load Total Load Uplift 1 (Ibs.) 2 3/4" 0 5563 5563 0 2 (Ibs.) 2 3/4" 0 5563 5563 0 3 (Ibs.) 24' 5 1/4" 0 5563 5563 0 4 (Ibs.) 24' 5 1/4" 0 5563 5563 0 5 (Ibs.) 23' 8" 4088 11297 15385 0 6 (Ibs.) I 4088 11297 15385 0 7 (Ibs.) 1T 4" 1757 5323 7080 0 Loads: Roof Load Duration Factor: 115% Load Location Live Dead Type Distributed (plf) 0 to 2' 2" 262.5 to 81.9 87.5 to 0 Floor Distributed (plf) 2' 2" to 4121, 81.9 to 166.4 0 to 46.5 Floor Distributed (plf) 2' 2" to 4' 2" 0 to -4.2 0 to 0 Floor Distributed (plf) 4' 2" to 6' 166.4 to 244.6 46.5 to 81.1 Floor Distributed (plf) 4' 2" to 6' -4.2 to -1.3 0 to 0 Floor TJ-Xpert 6.1 (#674) A Page 1 GREEN HARBOR.JOB Dek,n Date: 5/9/004:10:08 PM Report Date: 1l9/0I 10:59:35 AM Distributed (plf) 6 to 18, 8" 262.5 to 262.5 87.5 to 87.5 Floor Distributed (plf) 241811 to 22' 6" 262.5 to 81.9 87.5 to 0 Floor Distributed (plf) 22' 6" to 20' 6" 81.9 to 166.4 0 to 46.5 Floor Distributed (plf) 22' 6" to 20' 6" 0 to -4.2 0 to 0 Floor Distributed (plf) 20' 6" to 18' 8" 166.4 to 244.6 46.5 to 81.1 Floor Distributed (plf) 20' 6" to 181811 4.2 to -1.3 0 to 0 Floor Distributed (plf) 6 to 3' 10" 244.6 to 143.7 81.1 to 42.2 Floor Distributed (plf) Gin 3' 10" -1.3 to -7.1 0 to 0 Floor Distributed (pit) 3' 10" to 1' 10" 143.7 to 53.9 42.2 to 0 Floor Distributed (plf) 3' 10" to 1' 10" -7.1 to 0 0 to 0 Floor Distributed (plf) 1' 10" too 53.9 to 262.5 0 to 87.5 Floor Distributed (plf) 18' 8" to 20' 10" 244.6 to 143.7 81.1 to 42.2 Floor Distributed (plf) 18' 8" to 20' 10" -1.3 to -7.1 0 to 0 Floor Distributed (plf) 20' 10" to 22' 10" 143.7 to 53.9 42.2 to 0 Floor Distributed (plf) 20' 10" to 22' 10" -7.1 to 0 0 to 0 Floor Distributed (plf) 22' 10" to 24' 8" 53.9 to 262.5 0 to 87.5 Floor Concentrated (lbs.) 24' 8" 3194 2305 Roof Concentrated (lbs.) 24' 8" 170 0 Floor Concentrated (lbs.) 0 3194 2305 Roof Concentrated (lbs.) 0 170 0 Floor Concentrated (lbs.) 6' 1345 642 Floor Concentrated (lbs.) 18' 8" 1345 642 Floor Concentrated (lbs.) 24' 8" 3194 2305 Roof Concentrated (lbs.) 24' 8" 170 0 Floor Concentrated (lbs.) 0 3194 2305 Roof Concentrated (lbs.) 0 170 0 Floor Notes: Design Methodology: ASD Only positive (downward acting) loads are detailed in the diagram above. IMPORTANT! The analysis presented above is output from software developed by Trus Joist (TJ). Allowable product values shown are in accordance with current TJ materials and code accepted design values. The specific product application, input design loads and stated dimensions have been provided by others, have not been checked for conformance with the design drawings of the building, and have not been reviewed by TJ Engineering. TJ-Xpert 6.1 (#674) A Page 2 GREEN HARBOR.JOB August 2, 2000 Paula MacNiece Mid Cape Home Center PO Box 1418, Route 134 So. Dennis, MA 02660 Re: Davenport Building Cc Green Harbor on the Ocean (Duplex) West Yarmouth, MA TJ-Xpert® Layout & Calculations. u4. B Enclosed are TJ-Xpert" calculations and framing plans for above referenced project. Mid Cape Home Center of So. Dennis, MA prepared these drawings. PROJECT NAME: green harbor-LJOB DRAWING DATES ANn jJk6Ze ` "'sa v `, ':• � IGN D fli1�4 SECOND FLOOR LEVEL: 05/09/00 @ 14:34 DESIGN CALCULATIONS DATES AND T1MFc: See attached calculations and verify the Design Date and Times match those listed above. The Ting Joist proprietary TJ-Xpere computer software is a computer aided drafting and design (CADD) program which selects and verifies the structural performance of each component before it will produce a plot. This program is operated by personnel within our software distribution network or Tms Joist Technical representatives. The TJ-Xpette users are not employees of Tms Joist, but they are required to successfully complete training at our Denver, Colorado facility. Ting Joist warrants the accuracy of the output and we also warrant that the sizing of the products will be in accordance with our NER approvals. This,warranty is displayed on the drawings. The professional engineers' stamps on this letter are to verify that the analyses presented conform to accepted engineering practice and use code accepted product design values. The members have adequate capacity for the design conditions indicated. Although I have not personally reviewed the project plans or visited the site, we guarantee that our products, as shown in the attached drawings and/or calculations, have been sized to support all of the loads provided by your office and designed in accordance with Trust Joist criteria. This can be verified by examination of the lower right comer of the flaming drawings where the wording; "FOR THE TJ-XPERT® WARRANTY ANTY SEE B R D ' S, , U IDE" must be dlarred m- All notes and design infoxmationshown oa,these calculations should be reviewed with the local code official to ensure that the loads, spans, deflections, beatings and othei conditions are correct and/or acceptable for the specific application. Building inspectors and/or owners_ should identify the "silent Floor",, '"I'Jlm,, "Microllam"LVL", "ParallammPSL", or "Timberstrand"I.W markings on Trus Joist products to confirm tbat this letter is valid for the products actually used. Please.feel free-to_cgA me if ere are any questions'regarding the analyses, I can be reached at (856) 596-5555: = ' ' Northeast Northeast Region • 104 Centre Boulevard, Suite A • Marlton, New Jersey 08053-4130 A Phone 856.596.5555 A Fax 856.985.9806 flWNnU51 4!. �• * August 2, 2000 -� `� _AW7erfueuser auvnm Paula MacNiece Mid Cape Home Center PO Box 1418, Route 134 So. Dennis, MA 02660 Re: Davenport Building Co Green Harbor on the Ocean (Office Villa) West Yarmouth, MA TJ-Xpert® Layout & Calculations. Enclosed are TJ-Xpert® calculations and framing plans for above referenced project. Mid Cape Home Center of So. Dennis, MA prepared these drawings. PROJECT NAME: GRN.HBR.OFFICEJOB DRAWING DATES AND TDVIE SECOND FLOOR LEVEL: DESIGN DATEUM O8/01/00 @ 16:50 DESIGN CALCULATIONS DATES AND S: See attached calculations and verify the Design Date and Tunes match those listed above. The Trus Joist proprietary TJ-Xpehtm computer software is a computer aided drafting and design (CADD) program which selects and verifies the structural performance of each component before it will produce a plot. This program is operated by personnel within our software distribution network or Trus Joist Technical representatives. The TJ-Xpert users are not employees of Thus Joist, but they are required to successfully complete training at our Denver, Colorado facility. Trus Joist warrants the accuracy of the output and we also warrant that the sizing of the products will be in accordance with our NER approvals. This warranty is displayed on the drawings. The professional engineers' stamps on this letter are to verify that the analyses presented conform to accepted engineering practice and use code accepted product design values. The members have adequate capacity for the design conditions indicated. Although I have not personally reviewed the project plans or visited the site, we guarantee that our products, as shown in the attached drawings and/or calculations, have been sized to support all of the loads provided by your office and designed in accordance with Trus Joist criteria. This can be verified by examination of the lower right comer of the framing drawings where the wording; "FOR THE TEXPERTO WARRANTY SEE BUILDERS E ,must be displayed. All notes and design information shown on these calculations should be reviewed with the local code official to ensure that the loads, spans, deflections, bearings and other conditions are correct and/or acceptable for the specific application. Building inspectors and/or owners should identify the "Silent Floorm", "TJI®, "MiC101hun®I VL", "Paralhun®PSL", or "Timberstrand®LSL" markings on Trams Joist products to confirm that this letter is valid for the products actually used. Please feel free to contact me if there are any questions regarding the analyses, I can be reached at (856) 596-5555. . & � .._ Sin ely, KUSERK Rob A. Kuser , E gmuctup' Regional En . eer W.4067 Northeast R gion O9� FarStE "4 'Fw1.w." �Y'n I^ ./'. w.....Hww.wc. .YV...� 'V .�.M rr.✓.• "Vy h.LI r+m• H/.'(.: ", 0 , e4-W /Mi. August 2, 2000 j4W�04:t. �easer J3ruiness Paula MacNiece Mid Cape Home Center PO Box 1418, Route 134 So. Dennis, MA 02660 Re: Davenport Building Co Green Harbor on the Ocean (Single Villa). West Yarmouth, MA TJ-Xpert® Layout & Calculations: Enclosed are TJ-Xpertm calculations and framing plans for above referenced project. Mid Cape Home Center of So. Dennis, MA prepared these drawings. PROJECT NAME: GREEN HARBOR.JOB DRAWING DATES AND o t •- 9 L4 t SECOND FLOOR LEVEL: 05/09/00 @ 16:10 DESIGN CALCULATIONS DATES Tunes match those listed above. AND TIME :4See attached calculations and verify the Design Date and The Trust Joist proprietary TJ-Xpertm computer software is a computer aided drafting and design (CADD) program which selects and verifies the structural performance of each component before it will produce a plot. This program is operated by personnel within our software distribution network or Trus Joist Technical representatives. The TJ-Xpertm users are not employees of Trus Joist, but they are required to successfully complete training at our Denver, Colorado facility. Trust Joist warrants the accuracy of the output and we also warrant that the sizing of the products will be in accordance, with our NER approvals. This warranty is displayed on the drawings. The professional engineers' stamps on this letter are to verify that the analyses presented conform to accepted engineering practice and use code accepted product design values. The members have adequate capacity for the design conditions indicated. Although I have not personally reviewed the project plans or visited the site, we guarantee that our products, as shown in the attached drawings and/or calculations, have been sized to support all of the loads provided by your office and designed in accordancemith Trus Joist criteria. This can be verified by examination of the lower right corner of the framing drawings where the wording; "EOR THE TJ-XPERT® W RR ANTY $ B TR r)FR C r`T TnlFO° must be displayed. All notes and design information shown on these calculations should be reviewed with the local code official to ensure that the load's, spans, deflections, bearings and other conditions are correct and/or acceptable for the specific application. Building inspectors and/or owners should identify the "Silent Floorm", `"fJIm , "MicrollammLVL", ParallammPSL , or'"I imberstrandmLSL" markings on Trus Joist products to confirm that this letter is valid for the products actually used. Please feel free to contact me if there are any questions regarding the analyses, I can be reached at (856) 596-5555. �}►!4V _ Since y, � . "`�4y • .fit)BEHTA v, . �'itUSEHK 4 obe A. userk E e �� Regional Eng' r Northeast Re on Northeast Region • 104 Centre Boulevard, Suite A • Mother, New Jersey 08053-4130 • Phone 856.596.5555 • fax 856.985.9806 '� Appeal tt 3365 THE COMMONWEALTH OF MASSACIIUSF,TTS YARMnUTH City or Town BOARD OF APPF,AIS Date: February 27, 1997 Certificate of Granting ofyCnecial Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted Address: 20 North Main Street City or • South Yarmouth M. 02664 affecting the rights of the owners with respect to land or buildings located at 182 Baxter Avenue, West Yarmouth. Assessors Map 17 Parcel Sl And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the Planning Board and the Town Clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section I I (last paragraph) provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. (� David Reid, Clerk CERTIFIC.WPD U 12-9r lU lc UUC:6 9,28 BAR14:IABLE LA110 COURT RECISTRY TOWN OF YARMOUTIi BOARD OF APPEALS 97 FEB -r DECISION 1 :pq - litlA9•!'!i li FILED WITH TOWN CLERK: FEB 7 1997 PETITION NO: tk3365 HEARING DATE: January 23, 1997 PETITIONER: Davenport Realty Trust &David G. Mugar D/B/A Green Harbor Village PROPERTY: 182 Baxter Ave, West Yarmouth, MA 02673 Map: 17 Parcel: Sl MEMBERS OF THE BOARD PRESENT AND VOTING: David Reid, Chairman, James Robertson, Jerry Sullivan, Andrew Ryan, Mike O'Loughlin. Q It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner, represented at the hearing by Mr. DeWitt Davenport, seeks a Special Permit and or/Variance to expand and remodel 18 existing motel units at this complex. The property is h located in an R-25 zone, and is an existing non -conforming use. The proposed expansion of each unit will occur within the existing foot print/roof line, by expanding into parts of the existing deck areas along the side of the building. No new units will be created. No new bedrooms will be created. The occupancy potential for the building will not be increased. No new kitchens will be added, but existing kitchens -facilities will be enlarged and upgraded. The use will remain as a seasonal resort motel. The proposed expansion will themselves comply with applicable building setback requirements. The petitioner has filed with the Board building design plans, showing typical proposed room designs. That plan, by Donald L Myer, is incorporated herein by references, as a typical proposed layout. Complete detailed architectural plans will need to be filed with the Building Department in order to secure necessary building permits, but the Board satisfied with these proposed plans for purposes of assessing the relief needed from this Board. No one spoke in opposition to the petition. Of major concern to the Board, however, were the fire safety issue which will be the result of the proposed expansions into the second floor balcony areas. The effect of the expansion will be eliminating the use of the balcony by adjoining units for fire exit purposes. Alternative safety considerations and possible changes in the plans were 0 Vet, 5P ua.r r - LfSlsiv �t majramong the Board. While majority not fully satisfied with the proposal, available fire safety procedures. in this respect, the plans by th majothe Board felt that this issue should be addressed by careful review of the finished e Building Department and Fire Department, for maximum possible compliance with The majority of the board is satisfied that this expansion may be made without being substantially more detrimental, and without creating any undue nuisance, hazard or congestion. A motion was made by Mr. Robertson, seconded by Mr. Ryan, to deny the variance request, without prejudice, as being unnecessary, and to grant the Special Permit per §10ri c to allow the alterations as purposed. Mr. Reid , Mr. Robertson , yan and Loughlin ed Mr. RO'votin favor of the motion, Mr. Sullivan voted opposed to the vote. The Special permit was therefore GRANTED. Appeals from this decision shall be made pursuant to c40A §17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk a � Ill 1 f')17t1 Ito All ($,i1ill 11,1119ml1'i0 VOID umo,L g/g asjoaE) ILM33 uaaq seq 1l palg uaaq seq leadde Bons 3[ `jo 'aut yllm poll,Paluap to possuslp uaaq seq uolsloap Plus jo leadde jo aallou ou M41 pue S9££# uolsloap sleaddV 3o pmog onoge ag13o aut germ su11g aql aauls posdela aneg s vP OZ Will AJ!Uao Aga�aq op 'glnocme,& 3o umoy 'ipal3 umoy `age -tag g osloaO '1 X11a7O NMO,L d0 NOLLV31dLLH33 S,IvaddV d0 URVOg 11111OMWA d0 NMO.L f THE COMMONWEALTH OF MASSACHUSETTS YAtdCUM City or Town BOARD OF APPEALS Date: February it Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of YAiSlC M hereby certifies that 3 O SO APPL#3050 , 19 94 Address Ia7 MAVl-Pr A.,P73ue City or Town West Yarmouth. MA 09673 affecting the rights of the owner with respect to land or buildings at r a2 }ifiyt•Pr AlLenue. �j West Yarnouth, MA t And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and ,zk the city or town clerk. IThe Board of Appeals also calls to the attention of the owner or applicant that General Laws, ky Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the ry certification of the town or city clerk that twenty days have elapsed after the decision has been efiled in the office of the city or town clerk and no appeal has been filed or that, if such appeal has h been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor- ding or registering shall be paid by the owner or applicant. Chairman Clerk FORM 1004 RMM.. SSVLKIN00 •eVIO[o 1970 TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: JAN 2 I I9M PETITION NO: 3050 PETITIONER: HEARING DATE: Green Harbor Village January 13, 1994 '94 JAN 21 P 2 :222 IV TOWN LLLRh (IILI:SUI i . PROPERTY LOCATED AT: Green Harbor Village, 182 Baxter Avenue, West Yarmouth, MA and shown on Assessor's Map 17 as Parcel S1. PETITIONER REQUESTS: By special permit or variance an addition of approximately 240 square feet to the office building, and to allow all other relief the Board deems meet and just. MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman Fritz Lindquist, David Reid, John Richards, Dick Neitz It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun, the hearing was opened and held on the date first above written. The petitioner, represented by Mr. DeWitt Davenport, proposed to increase the size of the existing office building contained within this motel/cottage colony. The use is non -conforming. The site consists of approximately 5.6 acres, containing multiple buildings and cottages. The seasonal business is operated from the existing Office building, located near the entrance to the complex. The structure is an irregular shaped eight (8) sided building, containing aaproxirrately 260 square feet of floor space. The petitioner proposed to enlarce the buildirc cn its southeasterly side (away from the ]ot lire and toward the irr=_^ or of the site), adding approximntely 80 square feet of new floor space. The construction would make the building an even hexagon., each side being approximately 11, wide, consistent with the existing northerly and westerly sides. The petitioner represents that the additional area within the building_ is needed in order to accommodate the modern equipment and needs of the "office" use of the structure. The present irregular shape of the building does not permit effective use of the space, nor will it accommodate the physical needs of the business operations housed in it. The structure will presently only accomrdate one employee and will not permit effective use of modern office services and equipment associated with the operation of the business. The addition itself will not encroach upon the lot line, nor upon any other structures. The physical addition itself will not create or exaggerate any existing dimensional non -conformities. The Petitioner has presented to t::e Loard a plan of the existing sign, along with photographs of the structure and architecture (fran New England Design, dated 12/13/93) showing the area of the proposed construction. The Board is satisfied that this alteration or expansion of this non- conforming use may be allowed without causing any substantial increase in the affect of this use upon the surrounding neighborhood. The. majority of the Board is also satisfied that the criteria for a variance are also satisfied in that the hardship to the petitioner is the result of the very irregular shape of the building, that this circumstance affects this site only and is not a condition column to the area, that the alteration of the shape of the building, so as to make it a regular shape, may be done without substantially derogating from the intent and purpose of the Zoning by law and without causing substantial harm to the character of the neighborhood. Therefore, a Motion was made by Mr. Lindquist, seconded by Mr. Neitz, to grant the special permit (5104.3.2) and the variance, as requested. Mr. Campbell, Mr. Lindquist, Mr. Neitz, and Mr. Richards voted in favor of the Motion; Mr. Reid voted against the Motion. The special permit and variance are therefore granted. No permit shall issue until the passing of of this decisi6n)with the Town Clerk. David S. Reid, Clerk Board of Appeals 20 days from the filing APPEALS FROM THIS DECISICN SHALL BE ti tD' PURSVANTTO ss17 t.49A P. MUST 2S FIL_:D WITHIN 20 nAYi.%-T ' T.-!:::l::':r OF THIS C)i:Cci D__::iON WITH THE TOWN CL29. APPL#3050 PETITIONER: Green Harbor Village CERTIFICATION OF TOWN CLERK: I, George F. Barabe, Town Clerk, Town of Yarmouth do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals #3050 decision and that no notice of appeal of said decision has been filed with me, or if suchAsoneal has been filed it has been dismissed or denied. BARNSTABLE REGISTRY OF DEEDS ... JOHX F. Y.;�. (LI II ' Diu O �8 E 8A"NSTA" F COUNTY AF_GISTRYOp DEED$ T�"2 roaY, a7•TEST �15t's �-..Q,� JOHN F. MEAp REGISTER -l` C174 h � w THE COMMONWEALTH OF MASSACHUSETTS YAFdCM City or Town BOARD OF APPEALS APPEAL #3130 Date: October 6, ,1994 Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of hereby certifies that a Variance or Special Permit has been granted To Green Harbor Village \ Address 182 Baxter Ave. .1 City or Town West Yarmouth MA 02673 A rr� affecting the rights of the owner with respect to land or buildings at 182 Baxter Ave., All,�+h` 4 west Yarmouth MLA And the said Board of Appeals further certifies that the decision attached hereto is a true and a `? correct copy of its decision granting said variance — special permit, and that copies of said of @ decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of A � ppeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section I I (last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been b filed in the office of the city or town clerk and no appeal has been filed or that, If such ap peal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor- ding or registering shall be paid by the owner or applicant. Chnlrrrun �-- Clerk FORM 1004 AM SULKIMCO ,%, / �j /.`L 1l Re hJ g ,vr/ �-P!%: y �7 Y FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: TOWN OF YARMOUTH o BOARD OF APPEALS DECISION c,-• �t se 16 M o. 3128, 3129, 3130, 3131 �, v September 8, 1994 PETITIONER: Best Western Blue Water Resort Hotel (p3128) 291 South Shore Dr. South Yarmouth MA 02664 Green Harbor Village 182 Baxter Ave. (#3130) West Yarmouth MA 02673 Red Jacket Beach Motor Inn 1 South Shore Dr. (#3129) South Yarmouth MA 02664 Riviera Beach Resort 327 South Shore Dr. (#'3131) South Yarmouth MA 02664 PROPERTY: 327 South Shore Dr. South Yarmouth MA. Assessor's Map 22 Par- cals T122, T125; 182 Baxter Ave., West Yarmouth MA. Assessor's Map 17 Par- cel S1; 1 South Shore Dr., South Yarmouth MA. Assessor's Map 14 Parcel Z1. MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman, Fritz Lindquist, John Richards, Richard Brenner, Joseph Conroy It appearing that notice of the hearing has been given by sending notice to the petitioners and all of those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in the Yarmouth Sun, the hearing was opened and held on the date stated above. These four (4) petitioners involve virtually identical issues relating to certain recreational activities conducted at these sites. As all four (4) businesses are under common or overlapping ownership or control, the peti- tioners requested and the Board agreed to conduct all four hearings simul- taneously. All four petitioners are Hotel/Hotel establishments, located within the Residential (R-25) zone. Each is a pre-existing non -conforming business. Each petition presents issues relating to the lawfulness of existing "aquatic recreational activities" (so-called) being offered at the establishments to the guests and to non -guests of the Motel/Hotel. By latter of July 8, 1994 (to the Red Jacket Inn), July 14, 1994 ( to the Blue Waters), July la, 1994 (to the Green Harbor Village and to the Riviera Beach Resort), the Yarmouth Building Inspector instructed these petitioners that their so called aquatic activities were in violation of the Zoning Bylaws because they constitute Miscellaneous Amusements and Recreational Services (N-11). The petitioners have appealed each of these rulings by the Building inspector, and each petitioner further requests the Board to "define the term accessory use" relative to these businesses and activities. The petitioners were presented to the Board by Mr. DeWitt Davenport. He represented that these activities include: offering "Banana Boat" rides, parasailing, catamaran rides, surf -sailing, and paddle boat rentals. some combination of these activities are offered at each motel. These activities are run for the motel by sub -contractors who are properly trained and staffed to insure safe operations. However, the petitioners maintain suf- ficient supervision and ultimate control so as to be sure that these acti- vities do not interfere with or detract from the principal motel uses. The petitioners have marked out designated areas to which these activities are restricted. Some of these, or similar activities have been offered by the petitioners since 1968, according to Mr. Davenport. The majority of the individuals (approximately 70-751) using these activities are guests of the motels. Non -guests are required to register with the resort or activity operator and receive a "registered guest day -pass". Mr. Davenport repre- sents that each facility has adequate perking, and that there have not been reported any problems with traffic, parking, noise, crowds, or congestion, nor have there been any accidents or dangerous situations. Mr. Michael Frucci, Director of the Cape Cod Chamber of Commerce, and Mr. Robert Du Bois, Director of the Yarmouth Chamber of Commerce, spoke in favor of these petitions, each observing that these activities are a growing part of the modern motel and resort industry for the area. Mr. Howard Wensley, a neighbor, spoke in dpposition to the petitions, citing concerns for safety and the inappropriateness of such activities being offered to the general public in these residential zones. Members of the Board expressed some concern about these activities being available to the general public by separate vendors. There was general agreement that such activities, if restricted to guests, would be an allowed use, incidental to the principal motel use. It was noted that each of these Particular businesses characterizes itself and consistently endeavors to operate as a "resort" facility, offering ancillary services to its guests and, to a limited extent, to non -guests who wish to utilize such accessory services. The petitioners operations, and self-imposed controls and restrictions upon these activities, clearly keep them subordinate to the motel use and principally available to motel customers, potential motel cus- tomers, and guests of the registered motel customers. Some of the board members expressed their belief that the activities, as represented, consti- tute sufficiently related accessory uses, incidental to the principal motel use, (although probably at the extreme limit of such a category). Other members expressed a desire to allow these activities only for a trial period,. in order to better review and assess their impact upon the community and the effectiveness of the petitioners' controls. After further delibera- tions, a Motion was made by Mr. Richards, seconded by Mr. Conroy, to over- turn the decision of the Building Inspector, and to find that these parti- cular activities, conducted as represented by the petitioners, are permis- sible accessory uses to the principal uses of these Motel/Resorts, includ- ing their incidental use by registered day -guests; but to decline to other- wise "define" the term accessory use, such a defining being beyond the authority of this Board in this context. Mr. Richards, Mr. Conroy, Mr. Campbell, and Mr. Brenner voted in favor of the Motion; while Mr. Lindquist voted opposed to the Motion. The Motion is therefore passed and the Build- ing inspector's decisions appealed from are accordingly overturned. Appeals from this decision shall be made pursuant to ss17 c40A and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk Board of Appeals TOWN OF YARMOUTH BOARD OF APPEALS CERTIFICATION OF TOWN CLERK I, George F. Barabe, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals decision # 3130 and that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. '•• George .;oBarabe ;Town Cleit %X S % BARNSTABLE REGISTRY OF DEEDS QAIi!C:•1601 100 41'1 SIRI RE (li HCAOFDS pti �9 ii 02 AN �9a tiri%iif r.�r, BARNSTABLECOUNTY REG iSTRY OF DEEDS A fr-0r COPY. ATTEST JOHN F. MEAMFE, REGISTER THE COMMONWEALTH OF MASSACHUSETTS xAtacxnx Cip a Tan BOARD OF APPEALS Date: April 13 Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A. Section 11) The Board of appeals of the City or Town of xARCM APPFAL # 2815 .1991 hereby artifice that a Variance or Special Permit has been granted TO DavenPort ItealtY Tn.st x riviA r r... , Address 20 Fbrth rkin Street c.evyq ~XAT-a AerisrM9_'d CityorTown South (arncuth, ttssachtcsetts 02664 affecting the rights of the owner with rapect to land or buildings at 182 Baxter Avenue, West xanrouthmA 02673 And the said Board of Appeals further aertiGes that the decision attached hereto is a true and correct Copy of its decision granting said variance — spatial permit. and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws. Chapter 40A, Section l t (last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a Copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has, been filed, that it has been dismissed or defiled, is recorded in the registry of dads for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of tide. The fee for such recor- ding or registering shall be paid by the owner or applicant. . e crRt (Aff��) 10�1 N@RRIaWARR N.INC...v.p0 OA 4-qcyoh.N.1 ') - a --3 A 2, -e i Town of Yarmouth Board of Appeals Filed with Town Clerk: Hareb 22, 1991 Hearing Date: March 21, 1991 Petition No. 2815 c.. , Petitioner W Owner: David G. Hugar and DaveapoWRealty Trust D/B/A Green Harbor village, 182 Baxter Avenue, we t Yarmouth, Massachusetts. *91 MR 22 P2:25 DECISION ICWN 9r YAP"OV-:: IOW'N CLERK & TREASW 0 Relief Request• THE PETITIONER HAS APPLIED FOR THE FOLLOWING RELIEF: The Petitioner requests a special permit under S 104.3.2 and a variance under section 102.2.2 of the Iarmouth Zoning By Law to a) extend, change and alter certain pre-existing nonconforming structures/use, b) to demolish two (2) buildings known as Units No. 37, 38, 39, 40 including foundation and construct two (2) new buildings on new foundations 446 square feet to be added to each building and number of rooms to remain the same c) to allow such other relief that the Board of Appeals deems meet and just d) to waiver strict compliance with its rules and regulations where the Board may deem such appropriate. The property is a certain parcel of land situated in Yarmouth (West), Barnstable County, Massachusetts, as shown on Assessors Map, Sheet 17, Parcel S-1 as more fully and accurately described on Land Court Certificate 155333. Plans: The petitioner has submitted plans depicting the current and proposed improvements. (The same plans as filed with Petition No. 2700) Sit Plan - Dated January b, 1989 by Engineering Services of Cape Cod, three (3) pages. Building Plans - Floor plans and elevations, and profiles by Davenport Building Company. Filing: The Petition was duly filed. Notice was given as re - required by law, including twice publication in the Yarmouth Sun. Those appearing in favor of the petition: Mr. Paul McBride, Palmer Davenport and DeWitt Davenport Those appearing in opposition of the petition: None Criteria and Authority: follows: The criteria for granting of the special permit are 83 Zoning By-law Section 103.2.2: Special permits &hail not be granted unless the applicant demon- strates that no undue nuisance, hazard or ecn- gestions will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. 2. The change, extension or alteration of a prior existing nonconforming structure or use criteria are stated in Section 104.3.2 of the By-laws as f011Owa: "Pre-existing nonconforming structure or uses may be extended, altered or changed in use on special permit frog the Board of Appeals if the Board of Appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use.' Facts and Criteria Summary: Green Harbor Village is a resort community having nineteen (19) buildings and amenities on 7.6 acres _ Of land. The property is essentially a peninsula — of land and has been improved over the last fifty (50) years. There are fifty-one (51) units on the locus. The petitioner received a special permit, Petition No. 2700 at a hearing on January 11, 1990 to en- large the two buildings, where shown as per plans submitted. The total gross area of now improve- meata is 892 S.F. This new area as a percentage Increase in habitable space is .0042. No new units were created, in fact the petitioner de- creaaed the number of habitable units by one. No new sleeping facilities were added. The Petitioner, prior to the hearing on Petition No. 2700 was encouraged, and did go through the Site Plan Review process and Conservation Commis- aion. The Board of Health Agent, as a member of the We Plan Review Team, requested some modift- �f cations to the proposed Title V Systems, and those than$eW,have been reflected in the plans sabmit- i<c -7i9 Conservation Commission has issued G I1 Ogeri"-V Condition for the requested work. 7 !.6 N Y� �••' t sU - � r. Facts and Criteria Summar : Petition No. 2700 was approved with several conditions. The petitioner has upgraded the Title V septic Systems in accordance with the Plans during Phase 1 of this project, speelfi- cally the remodeling - reconstruction of Units 28 and 29. • The petitioner commenced the final phase of the project in early 1991, at which time it was determined that the existing buildings (known as Units 37-38 and 39-00) and their foundations, were far sore deteriorated than expected and were not suitable for accommodating "^ the proposed renovations and additions. The petitioner therefore replaced the original foundations in their entity and in so doing, completely dismantled the existing buildings. The new foundations and construction will confor■ to 1Z current Flood -plain standards, and will comply with the,— lags and specifications originally C app-roved ly the Board in Its decision l2700 U theD etj.'dOner therefore aeels no change in the �previoudiy granted special permit, except to allr tea "replacement' of these two buildings r,- witdA egn&aleat new buildings rather than re- (,'moAlint!:�hem as originally contemplated Sad U allowed = The board eon 3dered the facts presented, reviewed the qualities of the improvements previously approved and concluded the requested improvements and the desired relief would not be a substantial detriment to the public good; or nullify or aub- stantially degrogate from the intent or purpose of the By-laws of the Town of 7armouth, Furthermore, the issuance of this permit will not create undue nuisance, hazard or conjectioa and that there will be no substantial harm to the established or future character of the neighborhood or town. A motion was therefore made by Hr. Henderson, Seconded by Hr. Lindquist, to grant the petition for a Special Permit, as requested, (but to deny the alternative relief of a variance), and on the condition that the remaining provisions in decision 12700 will remain in effect. There was discussion among the Board members about the fact that ordinarily the Board would not, by Special Permit, permit the complete replacement of a structure. However, in this instance, it was noted that the primary "non-coaformityi is the "use" of the premise, not the structures, has beSince the use been decreased slightly (permit 12700) and the new buildings will be substantially identicle to the old buildings, the majority of the Board is satisfied that the granting of the re- quested permit would be appropriate in this instance. Mr. Henderson, Mr. Lindgnlat, Mr. Campbell and Mr�. Tuttle voted in favor of the motion; Mr. Reid voted against. The notion therefore is passed. The Special Permit is therefore granted. No permit shall be issued until twenty (20)d8y3 of filing of the decision with Town Clerk. David 21terk APPEAL 1 2815 WrITIOPER: Davenport Realty Ttust i David G. Mugar CERTIFICATICN OF MM CEM. I, Kathlee-n D.M-mw:, Clerk, Tow of Yarmmth do hereby certify that 20 days have elapsed since the filing with we of the above Board of Appeals 12815 decision and that no notice of appeal of said decW.M bas been filed with ne, or if such appeal has been filed it has been dismissed or denied. Tb`m ...ae ': r 5�5:i3� li okz & cl 5364( r BARNSTASLF_COUNTY pEGiSTRV OF DEEDS � iRiiE COPY. ATTEST .iOHN F. MEADE REllI6TER -. -= D. 2 700 THE COMMONWEALTH OF MASSACHUSETTS YARMOUTH cityor Town BOARD OF APPEALS Date: February 23 , 19 90 Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of YARMOUTH (�&k[ DA�EN hereby certifies that a Variance or Special Permit has been granted To Address —1.82 Baxter Avenue. City or Town Yarmouth ( West). Massachusetts affecting the rights of the owner with respect to land or buildings at And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 Oast paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shalt take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor- ding or registering shall be paid by the owner or applicant. CMitmaIs onaTd a Tn eraon Yf�Ir/J )toa4 .,U!-HNC-P/.00/akN9•ft Town of Yarmouth Board of Appeall RE( C�;rr r. Filed with Town Clerk: JM 22 IM •90 JAN 22 P343 Hearing Date: January 11, 1990 ,11F. Petition No. 2700 1DWNLI�t-rla I%:'> 1It Petitioner and Owner: David G. Mugar and Davenport Realty Trust D/B/A Green Harbor Village, 182 Baxter Avenue, West Yarmouth, Massachusetts. DECISION Relief Request: THE PETITIONER HAS APPEALED FOR RELIEF: To remodel, change, and alter certain pre—existing non— conforming structures, as well as to allow such other relief that the Board of Appeals deems meet and just; and to waive strict compliance with its rules and regulations where the Board may deem such appropriate. Locus: The property is a certain parcel of land situated in Yarmouth (West), Barnstable County, Massachusetts, as shown on Assessors Map, Sheet 17, Parcel S-1 as more fully and accurately described on Land Court Certificate—r_ y3,t// cslA ,14W 1AeV9'_.'9 Plans: 5X&0rn',Va XeI SF43 ou A 12dv9-3 The petitioner has submitted plans depicting the current and proposed improvements. Site Plan — Dated Jan. 4, 1989 by Engineering Services of Cape Cod, three pages. Building Plans — Floor plans and elevations, and profiles by Davenport Building Company. Filing: The Petition was duly filed. Notice was given as re— quired by law, including twice publication in the Yarmouth Sun. Those appearing in favor of the petition: Mr. Paul McBride, Palmer Davenport and DeWitt Davenport Those appearing in opposition'of the petition: None criteria and Authority: •, follows; The criteria for granting of the special permit are as R E: C 1. Zoning By—law Section 103.2.2: Special permits shall not be granted unless the applicant demon— strates that no undue nuisance, hazard or con— gestions will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. 2. The change, extension or alteration of a prior existing nonconforming structure criteria are stated in Section 104.3.2 of the By—laws as follows: "Pre—existing nonconforming structure or uses may be extended, altered or changed in use on special permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use." Facts and Criteria Summary: Green Harbor Village is a resort community having nineteen (19) buildings and amenities on 7.6 acres of land. The property is essentially a peninsula of land and has been improved over the last fifty (50) years. There are fifty-one (51) units on the locus. The petitioner intends to enlarge two (2) build— ings, as per plans submitted. The toal gross area of new improvements is 892•S.F. This new area as a percentage Increase in habitable space is .0042. The number of new units created — none, in fact the pertitioner is decreasing the number of habitable units by one. The number of new sleeping facilities — none. Traffic impact - none. Parking impact — none. .90 JAN I LI'NH LIERK The petitioner, as encouraged, has gone through the Site Plan Review process and Conservation Commission. The Board of Health Agent, as a member of the Site Plan Review Team, requested some modifications to the proposed Title V Systems, and those changes have been reflected in the plans submitted. Further, the petitioner has agreed to upgrade all remaining septics systems within the next 3 to 5 years. The Conservation Commission has issued Orders of Condition for the requested work ' Decision: The board considered the facts presented, reviewed the qualities of the requested improvements and concluded that the desired relief would not be a substantial detriment to the public good; or nullify or substantially derogate from the intent and purpose of the By-laws of the Town of Yarmouth. Furthermore, the issuance of this permit will not create undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Therefore the request is unanimously granted in it's entirety with the following condition: 1. The septic systems for the rdnovations of units 28,29,37,38, 39. and 40 must be upgraded to Title 5 septic systems per engineered plan. 2. Units 34,35, and 36 septic systems are to be upgraded per engineered plan, as the existing cesspools are within 15' to the edge of the seawall. 3. The engineered plan must also reflect the area and septic system profiles, for upgrading the septic systems to Title 5 for units 21,22,23,24,25,27,41,42,43,and 44. 4. That the petitioner submit an overall septic systemdesignplan for the units on the Mill Creek side of Green Harbor Village, along with the additional upgrading of the septic system for units 34,35, and 36. 5. All construction to be in accordance with plans submitted and dated Jan. 4, 1989, for Davenport Realty Trust and David Mugar d/b/a Greenharbor Village by Engineering Services of Cape Cod. Fritz Lindquist clerk '90 JAN 22 P 3 1 DWH LLi h:, & i d2700 David G. Hugar and Davenport Realty Truts CERTIFICATION OF TOWN CLERK: I. Kathleen D. Johnson, Town Clerk, Town of Yarmouth do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals 02700 decision and that no notice of appeal of said decision has been filed with me, or if such appeal has been filed it has been dismissed or denied. 502795 XokX -&, GIB . r35rt ✓ r _ ova 4` j10 :q 1pL BARNSTABLE COUNTY REGISTRY OF DEEDS A TRUE COP••. ATTEST HN F, M CWI T u Filed with Tam Clerk: FEB 1 1964 Petitioner: Willard N. & nary Hills Munroe Jr. (19(04f) (06 1 Hearing Date: Feb. 6, 1964 Petition '1 61 The petitioner requested permit to an(n,; an extetision of a non -conforming use and/or approval and/or a variance for tha construction Of nine separate buildings for seasonal rentals to be located on the east aide of Satter Avenue inkiest Yax-mouth, KW Lm as Green Harbor Village. Members of Board of Appeals presents Harold L. Hayes Jr. - Chairman Alexander Catto H. Stuart Ryder Elbert E. Webb $meth H. Studley .. Clerk It appearing that notice of said hearing 'zas been gl.ven by sending notice thereof to the petitioner and all those owners of proper-ky ddemod :y the Board to be affected thereby, and that public notice of such hearing hamng been givers by publication in the Cape Cod Standard Timms on 1/16-23/64, the hearing vts open.. and held on the date first ciaove written. The:-YollcWIng appeared in favor of the pets ton: Mr. Willard N. Munroe Jr. Mr. & lira. Dimon Merrill letter from L. Robert macivor and Ora B. Mac tva! TbaJollosing appeared in opposition: n= Reason for Decision: It appeared that the peti•§muer is the cbner of land and bai c;ngs kumm as Green Harbor Village located on Baxter \venue in best Yarsouth. The entire premises is on one lot and consistof over nine acres of land. The board emmained the plan entiti.led, "Slice Ilan, Cottages for Green Harbor Vi12ar., Baxter Avenue, West Yarmouth, Mass., Alger and GLri, Architects." and found that t%sre was ample land for the proposed buildings. It was noted that Green Haroor Village existed for to zoning, and the board felt condidering the total acerage involved and the fac that the property has always been used gor grist hogaskeeping facilities, that this it a normal extension of a non -conforming use. It appeared that the public good would not be adv.isely affected and the intent of the zoning by-law would be substantially adhered to and its public good would not be derogated from. The board therefore grants an extension of a non-cci orming use, allowing the constma tioa of nine separate buildings for seasonal rentals in acc;rdance with the petitioner's request. I F-1,71c.yc c t. •p=- Harold;Z. Hayes Jr. - in favor Alexander Catto in favor H. Stuart Ryder in favor Albert E. Webb isi favor unan:imm in favor geneeth H. Studley in favor Page 2 Msrefore, the Petition for .Approval i.s granted. And we authorize a variance to ailorc the construction of nim separate buildings for seasonal rentals. No permit issudd until 20 days from date of decision. Hermeth H. Wadley Clerk m a�v M R Jr Filed with Town Clerk: LC /aFy-/; TOWN OF YARMOL'TM BOARD OF APPEALS JAN 10 1984 Petitioner: Palmer Davenport 6 David Mugar 20 No. Main St. S. Yarmouth, Mass. DECISION Hearing Date: 12/22/83 Petitior Y.o.: 2014 The petitioners requested a variance and/or special permit from the Board of Appeals to allow an addition approximately 18' x 28' to an existing garage/storage facility, said garage is part of a cottage colony located in a residential zone, known as Green harbor Village,Baxter Ave., W.Yarmouth, Mass., shown on Assessors map 017-S1. Members of Board of Appeals present: Donald Henderson. Myer Singer, Joseph Pandiscio, Richard Neitz,David Oman. It appearing that nctice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun on 12/7/83 and 12114/83, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Palmer Davenport; Mr. Short, Manager of Green Harbor; Arthur Swenson, rep. son-in-law, concerned by noise; by letter, John Zegel and Joan Cummings. The following appeared in opposition: None. Reasons for decision: This is a request for a special permit to allow an addition approximately 18' x 28' on an existing garage/storage facility, situated in Green Harbor Village, so called, on Baxter Ave., West Yarmouth, Hass.. In essence, this is a request for an addition to a non -conforming structure. No opposition was expressed at the hearing, although a few immediate abutters expressed concern of possible noise. However, these abutters indicated to the Board that they were satisfied the petitioner would work with them to make certain that no nuisance was created. Based on all the facts presented, the Board is satisfied and finds that the request will not create any undue nuisance, hazard or congestion and will not cause any harm to the established or future character of the neighborhood. In addi- tior., the Board finds that the proposed addition will not be any more detrimental to the. neighborhood than what is presently existing. In other words, the Board finds that all criteria of Sec. 1532 have been met and grants a special permit to construct the proposed addition as shown on the plans filed with the Board. Further, permission is granted to con- struct a wall or other barrier extending easterly from the proposed addition, if the peti- tioner feels it would be advisable. Members of Board voting: Donald Henderson, Myer Singer, Joseph Pandiscio, Richard Neitz, David Oman. Unanimous in favor to grant petitioners request. 71jerefore,the petition is granted as requested for the above stated reasons. %. -rrrit issued until 20 days from date of filing decision with the Town Clerk. MYER R. SINGER Clerk r CERTIFICATION OF TOWN CLERK - I, Kathleen D. Johnson, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Eoard of Aooeals #2014 decision and that no notice of appeal of said decision j filed with me, or if such appeal has been filed, it has been dipfesid gr deitCgd. KATHLEEN D. j N. . Town Clerk : �.; • .':,' rs�i 3,1tAAs a ,� ko;,d * rrl 53s 3262 0023.2(;-- V6M.U; �BARNSTABLE COUNTY pEGISTRYOF DEEDS A MfJE COPY. ATTEST `5L�.4 -V,� dAHNF.MEAp RswaTER N THE COMMONWEALTH OF MASSACHUSETTS YARMOUTH City or To..n BOARD OF APPEALS Date: February 9 19 8= Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of Yarmouth To Address hereby certifies that a Variance or Special Permit has been granted Palmer Davenport, et al 20 North Main St. City or Town R. v-,9 0 th M.. affecting the rights of the owner with respect to land or buildings at RaYr Pr n.,o W. Yarmouth, `lass. Green Harbor Village LC12849B or r t H9 PI iyCt.PnAcj ioTS 2 3 ply L Ibsg9 D, C Tt S3 Ti i And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has been fried, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee or such recor- ding or registering shall be paid by the owner or applittit. CIRk LOAM r004 MONS$&WAN11[PI INC 09volll Yi'. 1. : 4r IJ CKC tOrc y_� Pt t_o vv -1? / 79,Y THE COMMONWEALTH OF MASSACHUSE'[TS YARMOL'TH Ca) ur tuwn BOARD OF APPEALS Date: November 24 + 19 g+ Certificate of Granting of Variance Or Special Permit (General Laws Chapter 40A, Section 1I ) The Board of appeals of the City or Town of Yarmouth hereby certifies that a Variance or Special Permit has been granted TO Green nnagpr C/o Blue Hater Resort ` Address Sourhshore nr. City or Town S. Yarmouth, Mass. affecting the rights of the owner with respect to land or buildings at Baxter Amp Wnc YarmilWh M rrioaio And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section I (last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certif}mte of title. The fee for such recor- ding or registering shall be paid by the owner or applicant. cbRRman Czar. 1�,- 5 3S I i •ORY 1094 N0975l WARR[N INC *M11to TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: Hearing Date:__11!lt/F,1 Petitioner: Green Harbor Village Motel Petition No.:__l7'f»_ Paul McBride, General Manager Blue Water Resort South Shore Dr. S. Yarmouth, Mass. DECISION The petitioner requested a special permit from the Board of Appeals to allow the repairing of approximately 310 ft. of existing concrete sea wall at Mill Creek in West Yarmouth, Mass.. Property located at the Green Harbor Village Motel, Baxter" Ave., West Yarmouth, Mass., and shown on Assessors map 017-S1. Members of Board of Appeals present: Donald Henderson, David Oman, Joseph Pandiscio, Myer Singer, Thomas George. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun on 10/27/71 and 11/4/81, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Arlene Wilson, Barnstable Survey Consultants, representing petitioners. The following appeared in opposition: None. Reasons for decision: This is a request for working in the Conservancy District, and the Board takes the position that this is a question that calls for a yes or no response. Therefore, the Board approves the request that the petitioner be allowed to do work, subject to the regulations and controls of other town boards which have jurisdiction over these matters. Members of Board voting: Donald Henderson, David Oman, Thomas George, Myer Singer, Joseph Pandiscio. All voted in favor of granting petitioner's request. Therefore,the petition to allow the repairing of approximately 310 ft. of existing concrete sea wall at Mill Creek in West Yarmouth, is granted as requested. No permit issued until 20 days from the date of filing the petition with the Town Clerk. CERTIFICATION OF TOWN CLERK -"T t f.'� I, Kathleen D. Johnson, do hereby certify that 10 lays -71MFRT W. SHERMAN_ have elapsed since the filing with me of the abovCloard C1&.* of appeals 41794 decision and that no notice of"appeal df isid deidsion has been filed with me or if such appeal has been filed it has be disf ased` nied F �Tt�' Kathleen I?.;nson„�. , Clerk "+• ,'.y �' 4SIT-fra '(tVa3uaoa" w,nr3� . . r 29051� y �' 4057 0G20.75 - =ABLE COUNTY REGISTRY OF DEEDS A TRUE COPY• ATTEST JOHN F. MEAD REC31STER cep -ua�CiJ' �'/n r Filed with Toren Clerk: FEB 12 1969 TOWN OF YARNOUTH BOARD OF APPEALS Petitioner: Willard N. & :Mary H. 2iunroe,Jr. DECISION Hearing Date: Jan. 23, 1969 Petition #919 The petitioner requested Permit for a variance and/or approval.:. to add to existing motel or cottage color, two 2-story buildings (20 units). t,erlbers of Board of Appeals present: Harold L. Hayes, Eldredge Shaw, George Waits, Walter And- :;rscn., ?hmanuel DiTibe-* It appearing t"it notice of said hearing has been given by sending notice thereof to the Petitioner and all those ownersof property deemed by the Board to be affected thereby, and that public notice of such hearing having been given by publication in the Cape Cod Standard Times or. 1/9/69 and 1/16/69, the hearing was opened and held on the date first above written. TheCrofollo�J�in2 appeared in favor of the petition: Charles Ardito, Atty., Peter Olkkola, Richard The following appeared in opposition: Edmund F. Ward,Jr., William F. Pillion, Thomas J. Hannon, Tiom3s Goldon, Mr. Colo=. , Albert Flood, Theodore Frigidrichs, Ids. Peter Gavin, Steven Sorosensa., Mr. Mills, Atty. Arthur Swanson, for abutter. J.?.I-IcG'aire, for H.F.Tealty desires conditions? opposition. Petition signed by 15 in atterdsnco at meeting. Additional petition signed by 26. Latterc by yard J. Pacelli, Jenipher R. Sanderson, Louis J. Morin, Winthrop T. Lewis, P:rs. James C. lemno sad Germaine Lao, Eliza M. Flood, John and Virginia Campion, Catherine S. McElwain. Reason for decision: Ise It appeared at the tri g that the petitioner was the proprietor of a business known as Green Harbor ViDage. It fu_^thor appeared that the p=•o_rsrty was described as a parcel of land consisting of 7) acres of containing land and contsereral buildings utilized during the susr season for house -keeping Ag purposes St further appeared thEt the business was established prior to 1940 and well prior to the doption of zoning in the Town of Yar:scuth in l;,ls5. It aPile red that at the present ti,•ae the facility can accomodate some 35 family units and that -he petitioner eaters to fami7 groups. !e Board noted that the Yarmouth Zoning By Isla under Section II designated Residence Districi sea p 3 yy g, cubscction W provides that any of the following uses may be allowed upon ae a.ppr_•aval of the Board of Appeals: "Hotel, club, or boys, or girls, camps or a guest house king -ve or sore people or motel;" he Board in rrrir-L- ; at itU decision is following this particvlax section of the zoning by la t he hearing the titicner presontsd a front elevation designated "Gress! Harbor Village uiterl� yam'. II'Ya_-Tou h Sc�t3e 1/is'� = 1,. There was an additional floor plan designated "Family 7. aq.ft.1, atld :'Fesil,T .`'site B 448 sq.ft." and this plan was prepared by the architects "ger & Gunn of 396 Main SL., Hyannis and designated "Floor Plans Proposed Family -Suites for ,een Harbor LLnge Baxter Ave.., West Yarmouth Mass." There was an additional plan designated Site Plan" and it 3ndicatcd thtti the land areawas7.6 acres and that the bui7di n area was .25%. This ,plan cias also MAepared by the firm of Alger & Gunn. The plan indicated all existin,: '. df,i and illust; atcd the � orose as = z*thd p:arldng facilities for the mcisting and m oposed facilit_e ther i� icatad th-=��,:: :;e;:.a.=,o dim?x03al ' situ .. �T .:iJ�:__ ..3:J.'�... JY Z::i•=% _.. Oa �."_`_s2^ 378,.6^! � = orhad been 4r,trjC t`(; �n:i '9EECi1L= n JanuarY 17, 1969. t The petitioner also presented an aerial view showing the exist' in the property owned by the petitioner. in8 buildings that were involved At the hearing there appeared to be vary strong organised o Thera Were petitions filed with the Board and there were se �a1 rviho appeared the petitioner oppdsitiou to the request before the Board. Several spokeamen for thosposiand tion adtheir the Board and the Board in reviewing those in oppositioa noted that the following were raised: ]]awing objections a. 1'owering of property values in the immediate area; b. Traffic congestion; e. Sewerage problems; d. 8etting precedent for further expansion; a. Hardship; and f. Lack of buildings conforming with existing structures. Following the present ationbeec of evidence at the hearing the Board examined the Assessors, records and eapecis].7,y meted sheets 23, ?ly, ib, and 17. @e Board finds that the petitioner has a unique parcel of land located at the souther Y Baxter Avenue. The property directly abuts along lawis Bay and with Baxter Avenue �rtion se west and Hill Greek hying to the oast is a rather unique parcel of land. tO ie Board considered the grounds upon which its opinion should be based and eliminated the masideration of a variance and the possibility of an a ension of a non -conforming use and Loceded to analyze the pstitiorerts request as a request for an mo Ya+�mouth Zoning By -Lau. approval under the terms of ONE: ;-Board finds that the area is question is in a residence district. The Board finds that ctioa II providss for the uses in this district in paragraph 8, subsection (f) for motels s a matter of discretion. SE AT THE THE OF ADOpTIOX OF ZONM: he Board finds that the particular Pareelof land in its entirety was used for public house - aping at the time of the adoption of the zoning by-law. It appeared in evidence and was not ontradicted that prior to 1940 the promised had been known as Green Harbor Village and was used r Public housekeeping, mainly of a seasonal nature. e Board wmmincd the plans that were submitted and the Board finds that these are motel units units used filn.. to in1ho Town of Yarmouth by motels catering to family groups. -An examination the plans indicates that those are in Pact motel units and it is noted that the entire operatic: the petitioner is limited to tb.;t of a seasonal business. The petitioner further indicated the hearing that the facilities would be used drz<ing the 3tmetter season. d TOM of Yarmouth has set forth certain regulations and zoning by-laws ner•talul it is noted that all of these standards have been more than ad to motels ere is adequate frontage, adequate square feet of land area, met by the petitioner. cilities. , adequate off-street parking of the standards set forth in the by-lQWare to be strictly adhered to by the petitioner and s is set forth as s condition of this approval by the Board of Appeals. Board then considered at length the oplsition advanced at the hearing and noted the strong @ction of many in the mediate neighborhood. Hoard connotes t as separ+rte items ever,;, subject that aas raised by those in opposition and ciPic,�ll;r notes the iollo�•mL-mg: 1. TAXfic : The Board notes there has been tremendous growth in the 14unediate am. The tremenotesndous is the t in the area 27ing along the east and most oY Baxter Avenue there Board been especially motel has virtually remained the same size,thai�eyears. During tbeing one MugeP�3od of extensive growth tho some eleven emits in 195tE, The additional motel vans u317 somewhat two the traffic to be sure, but the general, growth in the area will. also add additional traffic. The fact that the Petitioner Is Property is at the southerly end of Barter Avenue virtually controls a21 of petitioner's traffic along Baer Avenue and it is felt that this can be The Board also notes that ��'tQ7 Policed. house lots it is reasonable the believe that the p®tftioaer hd Uti7ized }� promisee for to 'oeiiesa tisitt because of the value of this Property along Lewis Bay that substantiai. homes would be erected and the vtays would be virtua73y the sane as would Pottntial use of the streets and come from Petitioner's Proposed facilities. Devaly existing +-omes in the area. The Board does not concur jecture, with this view and feels that this is strictly a matter of con. Sexezmue r^roblem: The Board notes that the only evidence that appeared at the hearing was that adequate ae:well s the tiesTown Woulwi-11 be Provided. It is also noted that the Department of psblic Health as well as the Town :til have to zgprOv8 the Proposed sewage disposal system. p ublio there was evidence that this rez,;-ant had already been met. The Board considered tho size of petitiunarls existing facilities can be suite parcel o£ land and e. of the opinion that the opinions however, that the � facilitated on the 7.b acreage. The Board is of the aPFroeca, t rm< a3a � ae3 fatalities will lead to approach. if alb actually not be contemplates of he Petitioner's land and that ar7 further by the pabjtionar. expansion should erefore, nr a full. consideration Of all the evidence; including the Strobjections that weresetforthtotheBoard, the Bord a tpeat horough a�EB�ysis of ailoast,wihe following conditions: Petitioner 113 Requirements for aowerrge disposal be s'�riatly adhered to; Trot the facilities be used as a Sumer season,l operation and not as a year-round business. Hers of Board vet:Al: Marovoted i L. Hor. edge Shaw., George Waite, Walter Anderson, xtuol DiTitazrio. All voted in favor. we authorie a variance to: ion. al?Ow PetitionerIsrequest on the conditions set forth in the de= permit issued urn;' 20 days from date of Piles docision with the Team Clerk. r'`=Mujal DiTiberio Acting Clerk TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: JAN 2 6 1978 Petitioner: Green Harbor Village 182 Baxter Ave. West Yarmouth, Mass. DECISION Hearing Date: 12/22/77 Petition No.: 1455 The petitioner requested a variance and/or approval and/or a special permit and/or an'extension of a non —conforming use to allow the construction of (6) six 2—bedroom family suites as located on plans submitted and shown on Assessors map #17—S1, consisting of 7.60 acres. Members of Board of Appeals present: DONALD HENDERSON ROBERT SHERMAN HERBERT RENKAINEN MORRIS JOHNSON JOHN NEYLON JOYCE SEARS It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and that public notice of such hearing having been given by publication in the Cape Cod Times on 12/5/77 and 12/12/77, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Palmer Davenport, Mr. Schott, Sheldon Segarman. The following appeared in oppsoition: Wm. F. Pillion (with petition), Paul Mills, (with petition), Thomas Golden, Ethel MacCausin, (by letter & in person), Edward J. Pacelli, (by letter). REASONS FOR DECISION: Petitioner's request was considered as a request for an approval from the Board of Appeals under the by—law 18.02,11,F, which permits the use of a motel in a residential area. The subject property had been before the Board with a similar request in 1969, Appeal #919, where further motel use of the locus was approved. Counsel for one of the abutters, Attorney Walter H. McLaughlin, Jr., urged Petition No. 1455 Page 2 the Board to consider this request as one for a variance, on the grounds that the proposed effeciency units were apartments or dwellings (citing the case of Gallagher vs. the Board of Appeals of Falmouth, (351 Mass. 410, 1966). This Board felt a reading of the by—law 18.13, definitions, "dwelling unit" and "hotel or motel", most particularly the language pertinent to "transient basis" as applied to the facts of petitioner's appeal rendered the units more properly within the "motel" definition. In deference to Mr. McLad�ugJalin, an informal opinion from Town Counsel was sought, whose opinion concurrehaatj of the Board. Accord— ingly, this appeal was considered in light of the less stringent criteria applicable to permits. The Board carefully reviewed petitioner's plans in light of his assertions that the proposed additions conformed to the by—law with respect to land coverage, setbacks, etc. The Board concurred with the exception of the side yard setback (10' required by the parking and loading section 18.11), by the proposed driveway. A report from the Conservancy District was not required under the by—law because no activity was proposed within the District, nor was any septic system to be constructed within 75' of the District. A considerable amount of discussion arose at the hearing because of the absence of this report and a negative finding by the Planning Board, letter dated 12/21/77, based upon the erroneous assumption that the property was within the District. The Board of Appeals gave no weight to that letter from the Planning Board. At the hearing, several neighbors (and abutters), testified as to the narrow— ness of the road, the high speed thereon, the effect of an additional blind drive— way on safety, and the effect of additional cars on congestion. Petition No. 1455 Page 3 Prior to the decision, those Board members who had not recently viewed the locus, did so. The Board found that under the present plan, the petitioner had not demonstrated that no undue nuisance, hazard or congestion would be created. The Board specifically found that the proposed driveway and additional patrons, would likely create undue nuisance, harm and congestion and a likelihood of harm to the neighborhood result therefrom. Therefor, petitioner's request is denied. Members of Board voting: DONALD HENDERSON — Voted not in favor - ROBERT SHERMAN — " " " " MORRIS JOHNSON — JOHN NEYLON — JOYCE SEARS — Abstained from voting ROBERT W. SHERMAN Clerk I TOWN,OF YARMOUTH BOARD OF APPEALS Owner: Name: Palmer Davenport, et al Appeal #1455 Address: 20 No. Main St., So. Yarmouth, Mass. Petitioner: Name: Green Harbor Village Address: 182 Baxter Ave., West Yarmouth, Mass. LIST ALL OWNERS OF PROPERTY DEEMED AFFECTED BY THIS PETITION: Town of Yarmouth; Leonard J. & Kathleen M. Gallagher, 20StoneLea Rd., Dedham; Bouton & Co., Inc., 41 Grove St., New Canaan, Conn.; Peter S. & Mary S. Sikalis, 27 Oakvale Rd., Framingham; Paul A. & Marilyn S. Mills, Box 70, Jacobs Rd., Southbridge; Jenipher M. Sanderson, 166 Baxter Ave., Hyannis; H & R Realty Co., In ., 59 9'th St., Fall River; John C. Zegel, 183 Baxter Ave., Hyannis; William F. & Joan E. Cummings, 20 Doren Ave., Hamden, Conn.; Edward J. Pacelli, 49 Hamilton Dr., Roslyn, New York; Catherine S. McElwain, 60 Harbor Rd., Hyannis; George A. & Alice Farrell, 62 Harbor Rd., Hyannis; Edward J. Pacelli; Growal Realty; Co., Inc., Box 250, - Braintree; Marcelle Simpson, c/o T. Golden, Treas., Ocean Harbor Estates Ass'n., Inc., 2 First Rd., West Yarmouth. YOU ARE HEREBY NOTIFIED THAT: the petitioner requests a variance and/or approval and/or special-permit,,and/or extension of non —conforming use to allow the construc— tion of (6) six 2—bedroom family suites as located on plans submitted and shown on Assessors map 17—S1, consisting of 7.60 acres. Said property being in the Wetlands District. You are hereby notified that a public hearing will be held with respect to this petition —appeal at the Yarmouth Town Office, Route 28, So. Yarmouth, Mass., on: Thursday, December 22, 1977, at 7:30 P.M. The public is invited to attend. TOWN OF YARMOUTH BOARD OF APPEALS per Robert W. Sherman Clerk TOWN ®•1 %YARM o V TH ELucrit1CAL 1146 ROUTE sours YARMOUTH MASSACIIUSETIS 02664 Telephone (508) 398-2231 BUILDING DEPARTSIENT TO ERECT AND MAINTAIN SIGN GAS PLUMBING SIGNS MAP LOT / 19. TO THE SIGN INSPECTOR: UNDER SECTION 303 OF THE YARMOUTH BY-LAWS, THE UNDERSIGN HEREBY APPLIES FOR A SIGN PERMIT ACCORDING TO THE FOLLOWING INFORMATION: BUSINESS NAME � e� a���bDcicz )N �4e (!C'ekAW TEL: 77 l/ZC� LOCATION/ADDRESS �� ���K �C (1au • C�L(o7 ZONING DISTRICT L.B. G.B. IND.11 RES. 4-�' HIST. DIST. BUSINESS OWNERS NAME/ADDRESS Q TEL: 3 OWNER OF RECORD OF BUILDING �Y�C7 2l (7�, �2G ADDRESS 20 1 \'lvz \ Sa' SIGN BUILDER �klclol S � ADDRESS TYPE OF CONSTRUCTION MATERIAL(q) U1mc?^( LIGHTING -FSCPE FREE STANDING ATTACHED TEMPORARY PERMANENT_ DIAGRAM OF LOT AND SIGN WITH DI.MENSIONS AND SET -BACKS FROM PROPERTY LINE. SHOWN LETTERING AND ADVERTISING ON SIGN. FOR ATTACHED SIGNS SHOW LOCATION ON FACE OF BUILDING AND RUNNING FOOTAGE OF PORTION OF FRONTAGE OCCUPIED BY BUSINESS. 442pt/z tFe- _c)>' �\ G;� ':��c I HEREBY AGREE TO CONFORM TO THE ZONING BY-LAWS, SECTION 303 OF THE TOWN OF YARMOUTH REGARDING THE ABOVE SIGN CONSTRUCTION. I FURTHER AGREE THAT THIS SIGN WILL NOT BE ALTERED, ADDED TO, OR CHANGED IN ANY WAY UNTIL A NEW PERMIT HAS BEEN GRANTED. THE NUMBER OF THIS PERMIT WILL BE AFFISED•-TO THE SIGN IN NO LESS THAN 3/41' NUMBERS. ALL PERMITS SUBJECT TO APPROVAL OF THE SIGN INSPECTOR. �.0i' NAME •[,� / OU APPROVAL BY DATE i%��FEE NUMBER K APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code, (MEC), 527 CMR 12.00 (OFFICE USE ONLY) TOWN OF YARMOUTH By Fee: $ PERMIT NO. (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: ��1Qd To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location (Street & Number) / OwnerorTenant 9P,&RAI YAA?80li2 Owner's Address /J A !—/Z a, Qtu 7—MrzL 411 %y 0CFtAA1 Teleph A Is this permit in conjunction with a building permit? Yes ❑ No (Check Appropriate B' / y% NOV ® 6 2000 Purpose of Building J00T-6, fi Utility Authorization No. Existing Service Amps / Volts Overhead Q Undgrd ❑ Rl 1 New Service Amps / Volts Overhead Q Undgrd Q No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed electrical Work: 4b d ✓i-m P . n T t%,w / S P— I/t C 9 Com letion of the follming table may be waived bythe Ins error of Wires o. of Recessed Fixtures No. of Ceil.-Sus . Paddle Fans No. of Total Transformers KVA No. of Lighting Outlets No. of Hot Tubs Generators KVA No. of Lighting Fixtures Above In- SwimmingPool md, ❑ gmd. No. of Emergency Lighting Battery Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners No. of Detection and Initiating Devices No. of Ranges Total No. of Air Cond. Tons No. of Alerting Devices No. of Waste Disposers Heat Pump Totals: I Number Tons — KW_ No. of Self -Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Municipal Local Connection Q Other No. of Dryers Heating Appliances KW ecuary ystems: No. of Devices or Equipvalent No. of Water Heaters KW No. of No. of Signs Ballasts Data Wiring: No. of Devices or Equivalent No. H dromassa a Bathtubs Y g No. of Motors Total HP Telecommunications Wiring: No. of Devices or Equivalent Attach additional detail if desired, or as required by the Impector of Wires. \,INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability \ insurance including 'completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHERQ (Specify:) 061 FILE, (Expiration Dave) Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. I certify, under the pains and peaahies of perjury, that the informal' non this application is true and complete. ``//Il (� FIRM NAME: �(/LLiZ �LciYLt c CO �IC.NO. N-1/!4�^/ Licensee: Signature LIC. NO. (If applicable, enter "exempt" in the license number line.) Bus. Tel. No.: Address: Alt. Tel. No.: OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I and the (check one) owner owners agent. Owner/Agent Signature Telephone No. [Rev. 04/00) APPLICATION FOR PERMIT TO INSTALL AND REQUEST r FOR ELECTRICAL SERVICE Inspector of Wires Wiring Permit #�12 COM/Elects # Town of A2YYIOy'i-� Massachusetts Budding Permitif Date Customer C R E16"O A"'802 0 A) 1 14 , 041AAK/(Street #) / P,2 B 4 TFc 2 /} Lot # in the village of utility pole number or underground number % Customer's billing address Temporary New installation Change of service Starting Date Job description %�ifs1 O D t/ s opi.r a, c- r Service entrance voltage 201 ob Y Amperage 16 n Wire size (cu. or al.) 2-- Conductor per phase 4 Number of meters Water heater Off peak: Yes — No — Estimated load: Electric heat Ready for first inspection — Electrical Contractor Fu& Address / c26 F Additional Remarks: Phase kw, lights kw, Range dryer Motors, H.P. & Phase Ready for finAl mspecbon Lic. # /* I// -1/ % Telephone # - 7 9.f--003d Do Not Write Below This Line ELECTRICAL WIRING INSPECTION CERTIFICATE INSPECTOR OF WIRES INSPECTIONS l � a { , Temporary Service /� Roughing in Service and Meter Off Peak Meter Final Approval Disapproved' 'For the following reasons CERTIFICATE OF INSPECTION DATE FEE CHARGE To the COMMONWEALTH ELECTRIC COMPANY. The installation described above has been c eted an as this day 4enfinspected and approval granted for connection to your service. �Al. JZ�- Inspector of Wires WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READY FOR INSPECTION Permit Good For One Year From Date Of Issue CA 46-1 White — COM/Electric Green — Inspector Canary — Town Receipt Pink — Inspector's Copy Goldenrod — Electrical Contractor to COM/Electric APPLICATION=FOR PERMIT TO INSTALLAND REQUEST FOR ELECTRICAL SERVICE Inspector of Wires Wiring Permit•# EE�COM/Electri # _ ,.Tow\of, y A.2t'rlOy Ti-Massachusetts Building Permit# Date Customer:-gR@kro I'LIII-"02 ow TN-r OG6•f5"(Street#) 08RA0,2 /Z AE Lot #. in the village of utility pole number or underground number %y �� T - Custorpep billing address - x Temporary New installation Change of service Starting Date„ Job description : !-.Service entrance voltage / Amperage f L5 0 .—,.Phase - _ - Wire size (cu. or al.) Conductor per phase Number of meters -Water heater - Off peak: Yes — No — Estimated load: Electric heat - kw, lights kw, Range dryer Motors. H.P- & Phase Ready for first inspection Ready for fin�I I inspection Electrical Contractor Fuae k!L �G �G rjZl G l° 0 r Lic..# H^ f// // 9 Telephone #1is"•003Gj Address /a26/4 3Y1/!i—T�LF: I>R. K/r i/ip2/L/%7df;rI4 - Additional Remarks: Do Not Write Below This Line ELECTRICAL WIRING INSPECTION'CERTIFICATE INSPECTOR OF WIRES INSPECTIONS CAA fy '""� % T FEE CHARGE Temporary Service ` �'"� �/ ^'• t/T�/ /�)` -- Roughing in - Service and Meter A, - Off Peak Meter_ _ Final Approval- Disapproved` - *For the'following reasons CERTIFICATE OF INSPECTION DATE % To the COMMONWEALTH ELECTRIC COMPANY The installation described above has been c tedan s this day b en nspected and _ i approval granted for connection to your service. - - - - this Inspector of Wires - ti WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS ;READY FOR 'INSPECTION " Permit :Good For One Year From Date Of Issue CA 46-1 V White — CON/Electric Green -_Inspector - Canary — Town Receipt Pink —Inspectors Copy A, Goldenrod — Electrical Contractor o COM/E - ' - - ! f APPLICATION FOR PERMIT TO INSTALL AND REQUEST FOR ELECTRICAL SERVICE %% Inspector of Wir s Wiring Permit # E -b) `mot COM/Electri # Town of �I RrAovT!-� Massachusetts Building Permit# Date �� OD 7� Customer: GRiffO NILM13017. Ou f 14rL 6�1n(Street#) lka aAATt2 Avk Lot # in the village of utility pole number or underground number y wit' T Customer's billing address Temporary New installation Change of service Starting Date Job description ` sfz&j/1r+r Service entrance voltage / iOf do Y Amperage 6 O Wire size (cu. or al.) Conductor per phase Number of meters Water heater Off peak: Yes— No — Estimated load: Electric heat kw, lights kw, Range dryer Ready for first inspection Ready for fin AddressElectrical Contractor r41L.4k 2 /tC li c i12 f G F U • Lic. # Jul��A) � a�� �nra - rF� v2. NJ Additional Remarks: Phase r Motors, H.P. & Phase— n.. mil Telephone If Do Not Write Below This Line ELECTRICAL WIRING INSPECTION CERTIFICATE INSPECTIONS ` INSPECTOR OF WIRES «' Temporary Service Roughing in Service and Meter Off Peak Meter Final Approval _ Disapproved' `For the following reasons FEE CHARGE CERTIFICATE OF INSPECTION DATE /f To the COMMONWEALTH ELECTRIC COMPANY. The installation described above has been co a j�hFrraes this day been nspected and approval granted for connection to your service. �I r yf. , Iy-L -- Inspector of Wires WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READY FOR INSPECTION Permit Good For One Year From Date Of Issue CA461 White — COM/Electric Green — Inspector Canary — Town Receipt Pink — Inspector's Copy Goldenrod — Electrical Contractor to COM/Electric APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code, (MEC), 527 CMR 12.00 TOWN OF YARMOUTH (OFFICE USE ONLY) Fee: PERMIT NO. L D /- 1)/ (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: Ol - dip "V I To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. I _ Location (Street & Number) Owner or Owner's Address X Telephone No. Is this permit in conjunction with a building permit? LJ Yes ❑ No (Check Appropriate Box) Purpose of Building D'%O�e A re.40A Utility Authorization No. Existing Service Amps / Volts Overhead 0 Undgrd C] New Service -200 Amps 17-0 / a4 Volts Overhead ❑ Undgrd IJ" No of Meters No. Number of Feeders and Ampacity 1 Location and Nature of Proposed electrical Work: =nStz&u i\-W -zoo imp Urv�erQ rOur� c� e YYIC '� Completion of the foollming table may be waived by the Inspector ofWirec o. of Recessed Fixtures No. of Ceil.-Sus . Paddle Fans No. of Total Transformers KVA No. of Lighting Outlets No. of Hot Tubs Generators KVA No. of Lighting Fixtures Above �-1 In- SwimmingPool rnd. U rnd. No. of Emergency Lighting Battery Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners No. of Detection and Initiating Devices No. of Ranges Total No. of Air Cond. Tons No. of Alerting Devices No. of Waste Disposers Heat Pump Totals: Number Tons KW_ No. of Self -Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Municipal Local Connection CJ Other No. of Dryers Heating Appliances KW ecunty ystems: No. of Devices or corn n No. of Water Heaters KW No. of No. of Signs Ballasts Data Wit' No. of e ices o ent No. H dromassa e Bathtubs y $ No. of Motors Total HP Telecom No. off ions Wiring: p1 es or E iv e Ir LIP " - Attach additional detail if r dI��Qyir ,ry the ins ecectok of Wires. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue s the lice �e-prt)6f"of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such orce, and has exhibited proof of same to the permit issuing office. . CHECK ONE: INSURANCE BOND❑ OTHER (Specify:) Q (Expiration Date) Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. 1 certify, under the pains and pena�l^ti'es�lof_�erjur that the information on this application is true and complete. 1'' rrQ { FIRM NAME: VIA Ile e' E'T.C.V r lr, C` 0M( Ahi a LIC. NO. A 11114 l (� Licensee: LAr%GC. ry1&#-Ehe.(-m,4 Signature � LIC. NO. V ' (If applicable, enter exempt' in the license number line.)` `' �) Bus. Tel. No.: 60`6-1-1$-00 30 Address: la(oA r` w TE L! 111' W !s,,T VQi(1'YIOAlt. Tel. No.: OWNER'S INSURANCE WAIVER: 1 am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I and the (check one) owner owner's agent. Owner/Agent Signature [Rev. 04/001 Telephone No. APPLICATION FOR PERMIT TO INSTALL AND REQUEST FOR ELECTRICAL SERVICE Inspector of Wires Wiring Permit # - L N COM/Electric # Town of YARMouTH Massachusetts1 �•�B''uilding Permit # Date Customer: Grexr% i�arbo r AVA DAY oc) t� IYU4(Street#) QYe Lot # in the village of utility pole number or underground number 14 Customer's billing address Temporary T� New installation '� Change Qf service Starting Date Job descriptions-n-AMAJ0IeV 200AMP t(A_YY .TQ Yl1l.U'�d 'SPYVIGe N51-o,r ims elnL 1, 10a Service entrance voltage �� a Amperage $OQ Phase Wire size G. oral.) -350 Conductor per phase a INcmAhoje Number of meters Water heater Off peak: Yes — No — Estimated load: Electric heat kw, lights kw, Range dryer Motors, H.P. & Phase Ready for first inspection Ready for final inspection Electrical Contractor Fk��'2! '�- +C• CDC 10.nJ Lie. # Telephone # $ Address lab A m��I�,I)y.t_TECH DYtvc tJe•4 Va+rM0V_+h M 62(03� Additional Remarks �Ll n• • '•'I `« ` m ZOOAm t Y'e c o \ t } O 'eaclSi�i N54od APPF nc� Do Not Write Below This Line 5eIry iGe ELECTRICAL WIRING INSPECTION CERTIFICATE INSPECTOR OF WIRES INSPECTIONS DATE FEE CHARGE Temporary Service Roughing in �— Service and nna+Pr � � (� i Off Peak Meter D Final Approval Disapproved' 'For the following reasons CERTIFICATE OF INSPECTION DATE —�� UBfr To the COMMONWEALTH ELECTRIC COMPANY. The installation described above has been cIhis day been inspected and approval granted for connection to your service. �/V `/` /Nnr •` J Inspector of Wires WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READY FOR INSPECTION Permit Good For One Year From Date Of Issue CA461 30 gooli White — COM/Electric Green — Inspector Canary — Town Receipt Pink — Inspector's Copy Goldenrod — Electrical Contractor to COM/Electric APPLICATION- FOR PERMIT TO INSTALL AND REQUEST FOR ELECTRICAL SERVIC�����r.-}����� Inspector of Wires - Wiring Permit #0L/ILCOM/Electric # - Town of "ambuT41 - Massachusetts - Building Perm1"Date Customer C0r4R_*^''k6(1Dolr AtCA paYew� ,. 4, Yu�� {8SL ,yerQye n (Street #) Lot # = in the village of - utility pole number or underground'number :< -CUstomeisbilling address77 - Temporary _ --New installation ���' • -Change ofi service Starting Date :? Job description2 2Ub i1fY1�1I �Y�tiP «Y(yt�91d 'j2YV1GE. �rJ�`AC' {SAS_ £I'�fi+il'PE�'2�-;-9 ;to Pf x Service entrance voltage IWRLIQ Amperage 5040 IPhase- - - Wire size (Qi or al.4 % Conductor per phase Number of meters Water heater - Off peak: Yes — No Estimated load: Electric heat kw; lights : _ kw, Range dryer Motors, H.P. & Phase ' Ready for first inspection; Ready;tor finial ins ectign - F' Additional Remarks: NSic+.! Aplp • i emporary, Roughing.ir Service and toff Pekk M, -_ - Penal Aopro - - - •Disappr'ovei GT- - - - b.'r3ephorte `1ryt►h Do Not Write Below This Line i cr, ELECTRICAL WIRING. INSPECTION :CERTIFICATE - INSPECTOR OF WIRES - - DATE _ - FEE CHARGE. Meter(�"�""' it ig reasons- J CERTIFICATE OF INSPECTION DATE G Ce I, To the COMMONWEALTH ELECTR!p COMPANY. The installation described above has been completed.and_h ipis day been inspected and - appr`t+al granted for connection to your service. - - _ Inspector of Wires - -� WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READY FORINSPECTION Permit-Good For One Year From-.Date'Of Issue .' CA,4e-1 "�-.Y9hi;e-COAIt/Eleatri(�--„Green—,lnspgctor. r,-_unary-7owp-Receipri �---fink=lris�ector's�opy,�_�•-G"oidenrod-=-r'�IectricaTCorifr'actoF, - 4o Dix Electric ; APPLICATION FOR PERMIT TO INSTALL AND REQUEST FOR ELECTRICAL SERVICE Inspector �f(v1p[v s Wiring Permit # `r �COM/Electric # Town of 7" OtAj" Massachusetts Building Permit # Date - a� 0 Customer: r.reer.�arbor, A0 DmeWct# y ftq+ {8s, �ax�-eravt Lot .#" in the village of � on (Street #) utility pole number or underground number } aT " Customer's billing address -` Temporary New installation 11C.vJ ZooA(t1p "� Change oj service Su�rrting Date U.Y'`Ci�fr�t`CUr�d 5�rvie-e. - Al Z>tar i^GS lert91ni Job description$nS0. . 306 Service entrance voltage lao R L40 Amperage 500 Phase Wire size aor al.) 35O Conductor per phase LOf h hat\d hof� Number of meters Water heater Off peak: Yes — No — ' Estimated load: Electric heat kw:l lights kw, Range dryer Motors, H.P. & Phase Ready for first inspection!t - _ Ready for final inspection ._ :-... _,.FJechical:Contrac-t,% .te_ ..�.°L..�C..... - �f>.�1Lic.#',i'•-i .lu41R._�e..,,.,,., -z .--..TdieohonbfY' :� .'};�jS Additional Remarks: W ,05+o,r App}.nc INSPECTIONS Temporary- Service — Roughing in Service and Meter— " Off Peak Meter Final Approval Disapproved' 'For the following reason: 0 Do Not Write Below This Line ELECTRICAL WIRING INSPECTION CERTIFICATE INSPECTOR OF WIRES DATE j FEE CHARGE . tS3't i�c' yGGAt" CERTIFICATE OF INSPECTION DATE r F To the COMMONWEALTH ELECTRIC COMPANY. The installation described above has been completed-�fidylas this day been inspected and approval granted for connection to your service. IV �I` '1 r, , t it ,.r1 InsDector of Wirest.••— WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READY FOR INSPECTION Permit Good For One Year From Date Of Issue CA 66-1 _-__.While:---COMlElectriry.,- Greens --.Inspector - ..(r'anary-7oARecpipt-- mk--lnStSector's Dopy - -f Gpltleiirod=rElectrical Contractor - to COM/Electric MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBIN�� (Print or Type) T-36� Jam ao ( , Mass. Date 19 Co Permit # Budding Location C-2cF„„0 tEAz r3aPs Owners Name S �&4.cfF AVk v . qAA- wT )+ Type of Occupancy Mof:l t, New ❑ Renovation 1]2 Replacement ❑ Plans Submitted: Yes ❑ No ❑ FIXTURES Ail IN NONE SENN 0 MEN No MEMO MEMINK noou � �sMEMIN � ■ Installing Company Name (`oS tq s Kc Address e � I &ram a7v N rJ t - [�ti>Js Business Telephone '7-7 S- Name of Licensed Plumber Fie-Ade rZv D+=,ZruL Check one: Certificate E 't,`orporat)on / `p z_ -C- ❑ Partnership ❑ Firm/Co. INSURANCE COVERAGE: I have ayes current liability insura ❑nce policy or its substantial equivalent which meets the requirements of MGL Ch. 142. No If you have checked Yes, please indicate the type coverage by checking the appropriate box A liability insurance policy 13-- Other type of Indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Owner ❑ Agent ❑ certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my le and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all provisions of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. &'� Type of License: Master 0� Journeyman ❑ N'WPRO./ n Ct ONED OFFICE U ONL) License Number `l -! C7 `-( FINAL INSPECTIONS K C BELOW FOR OFFICE USE ONLY PROGRESS INSPECTIONS FEE 5_0-cD NO. APPLICATION FOR PERMIT TO DO PLUMBING NAME a TYPE OF BUILDING //Q)reeu-� �ev,45 G@J 0-EwrJ-- LOCATION OF BUILDING �- PLUMBER .5 TUC - PERMIT GRANTED DATE 19 PLUMBING INSPECTOR MASSACHUSETTS UNIFORM APPLICATION FOR.PERMIT TO DO GASFITTI`NGG� (Print or Type) ` `Mass. Date -3 1 6 igW Permit �# Building Location 1Z.EEN " (Ln�I1oas Owners Name Eia) ,t., fingLS' Type of Occupancyworn +-y New ❑ Renovation ❑ Replacement ❑ Plans Submitted:; Yesp No<cl ❑ VP N U l N N U W N 2 ¢ N j N 0 W Cc G V G f" = !1 O W W< F 4 c Y c Z Z o pO Y w to o o AI�aialaio ff ��� c�o��I:.lYe�y�c;z w1^�oo�°{rl t- o: + 11 SUB—RSMT.1�� BASEMENT ' L_4 i ? i t 1 i 1ST FLOOR 2ND FLOOR 38D FLOOR i 4TH FLOOR STtI FLOOR 67H FLOOR { ) I t 1 _eTHF.LOOR;' - { I L', I Installing Company Namee iKTC1( S 'rei _ - Check k one: _ - --Certificate Address - - - SS�!!C by(NA W Ar4, ,U/ � Corporation l�lo�- 4f- ❑ Partnership Business Telephone -7'1 (SQ3 - C— p- �b.�/Co Name of Licensed Plumber or Gas Fitter R Aix A"#_(bC1& - INSURANCE COVERAGE: have a curie t liability insurance policy or its substantial equivalent Yes -- No G which meets the requirements of MGL Ch. 142. If you have checked Les, please indicate the type coverage by checking the e.pprooriate box. A liabilibj insurance policy n C.;:er type of indemnity ❑ Send p OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this'_requirement. Check one: Signature of O nar nr i mnar � A—, [I Agent ❑ 1 hereby certify that all of the details and information I have submitted fo: entored) in above app:raticn are true and accurate to the best of my knowledge and that all plumbing work and instaliaticns performed under the permit issued for utis application will be in compliance with all pert' t pro isions of the Massachusetts State Gas Code and Chapter t42 or Lhe � T e Bence: Title -.- Wmberlancer or Gas Filler I' - fia.r aty APP u.l�;::neyrnan i a4. m a � s m s m v N z- N IC 7 I O a i- N v m 0 z r m m 9 S r i l0 m r z f T .4 o. o a a v z o m o r a 9 s � a m .� e- o � m v 0 0 z O r s < r N Z. O N y m e O Z FULLER FULL SERVICE ELECTRICAL CONTRACTORS SINCE 1944 ELECTRIC LICENSE Al 1149 CO. 126A MID TECH DRIVE, WEST YARMOUTH, MA 02673 Telephone (508) 775-0030 Fax (508) 775-6977 February 14, 2001 Page 1 of 2 Mark Currier C/o Town of Yarmouth 1146 Route 28 South Yarmouth MA 02664 FFE81iRE: New Electrical Service Green Harbor ResortBaxter Ave, West Yarmouth Dear Mark, Please review the attached information. We hope to start New Service and Sub -Main work next week. I'll call you for an appointment to meet on site early next week. Thanks, ance MacEnerney President/Owner FULLER FULL SERVICE ELECTRICAL CONTRACTORS SINCE 1944 ELECTRIC LICENSE All 1149 \CC. 126A MID TECH DRIVE, WEST YARMOUTH, MA 02673 Telephone (508) 775-0030 Fax (508) 775-6977 February 14, 2001 Page 2 of 2 Green Harbor 11 unit Expansion NEC Article 220-35 (no mass amendments found) 11 Existing units & office Highest Demand (per ComEL invoice) add 25% New Loads: General Illumination * 3 Duplexes 2.7KW x 3 Buildings * 5 Singles 2.7 KW x 5 Buildings * 11 Dishwashers x 1.5 * 11 Microwave x 1.5 * HVAC KW 36 8 8.1 13.5 16.5 16.5 10 * All listed at 453 amps 100% without diversity at 120/240 1 O Based on using previous demand per NEC 220-35 o E 9 � 0 T � FEB 152001 D By We propose to add 1 - 200amp underground service from existing Pole #1428/T via ComEl required Handhole to New 200amp Meter and split I00amn each to units 45 & 46 to shed load and retain the existing circuit metered 400amp Iphase service. We have met on site with Don Bassett of Nstar Re: his requirements. 0 r-� c3152011U IIII 1 nn1 Electricity Used "-- Delivery Services 5.53 Rate 35-General Seasonal 80047d Customer Charge Meter 9770 Distribution Demand Charges 0.00 Sep 15, 2000 Actual Read _ Actual Read 602 68 1st 10 KW No Charge 4.32 X 10 KW 43.10 Aug 17, 2000 - Over 10 KW Multiplied by Constant X 40 Distribution Energy Charges ist 1800KWHOX 180U kHH 129.96 100.12 29 Day Billed Use 6720 .02035 X 4920 KWH 6720 KWH 140.92 KNH MD Transition .02856 X X 6720 KWH 19 48.40 00472 08/17 7260 20 Transmission .0059a Reparable Energy .00125 X 6720 KWH 19.15 107/18 7560 20 Energy Conservation .00285 X 6720 KWH 06/16 6280 36 538.37 • 4600 25 Delivery Services Total I05/17 04/19 2600 25 03/17 18,00 22 Supplier Services 02/26 3080 13 20 Generation Charge X 6720 KWH 255.36 I01/18 2360 Standard Offer Svc .03800 112/20 ' ':11/17 2480 7 1160 14 Total Cost Of Electricity 793.73 ;10/19 5160 30 • •09/ 0 a2 a 22 Other Charges or Credits CU0Q 38.03 Sales Tax 5�77W CHARGES AR£ SUBJECT TO 7.20$ INTEREST AFTER 25 DAYS. CUSTOMER CENTER OUT OF STATE ComE/eCtr%C FOR OWR OUTAGESONLY, PLEASECALL 1 87 94.4875 OR 1187--8 L GRTTS5 AN NST COMPANY i SINCE 1944 Pog> 126A MID TECH DRIVE * 'k co" � YARMOUTH INDUSTRIAL PARK 1 8 2 3— P E1 8 6 2 5 9 4 5 JEST YARMOUTH, MA 02673 706 1 �� . � 4 ° � a a 1 � 01 � 0287 WEST YARMOLM, MA 0 2 6 7 3 pDTOTM I =c.d .1 5 2001 IU Mark Currier C/o Town of Yarmouth 1146 Route 28 South Yarmouth MA 02664 �6c.4%44 GO 1160111IJgill If III fill II]It IIt I[III III IIII elilIII lIII III l 6,9P TOWN OF YARN BOARD OF APY, DECISION AUG 9 8 2000 U� FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONERS: PROPERTY: #3628 August 23, 2000 August 10, 2000 Green Harbor Village, L.P. 182 Baxter Avenue, West Yarmouth Map: 21 Parcel: 3 Zoning District: R25 1G 17E 2T, e j.. .'00.AUG 23 Pm12:20 MEMBERS PRESENT AND VOTING: David Reid, Chairman James Robertson„ Diane Moudouris, Douglas Campbell, Roger Tuttle. It appearing that notice of said hearing has been given by sending notice thereof to the petitioners and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner proposes to reconstruct an existing free standing building, housing the office for this existing hotel/motel use, by adding a second floor, within the existing footprint. As the property is located in the R25 zone, the use is non -conforming and a Special Permit is required. The proposed alterations will add a full second floor area, which will be accessible only from an outside staircase. The new floor will house computer equipment and records, and will provide a limited work area for employees. No customer area will be added. The first floor will remain the customer/guest service area, as presently exists. The design of the building is shown on the building plans filed with the board The new building will be larger, and not otherwise more non -conforming than the existing building. The use of the building will not be altered, and the motel use will not be substantially altered or increased. The petitioner will comply with the Site Plan Review recommendations, including the installation of a fire alarm system. No one appeared in opposition to the proposal. A motion was made by Mr. Robertson, seconded by Mrs. Moudouris, to grant the Special Permit, per §104.3.2, as requested and as represented. The members voted unanimously in favor of the motion. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A § 17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk 2 Appeal #:_36a g Applicant: TOWN OF YARMOUTH BOARD OF APPEALS _ APPLICATION FOR HEARING Hearing Date: $flt)'QO Fee$65.1oo T -S'- Name- including d/b/a) (Address) I (zip) (Telephone Number) and is the (check one) A Owner ❑ Tenant ❑ Prospective Buyer ❑ Other Interested Party Property: This application relates to the property located at: lb;L 6Ay6R /IV& , W- ytl/-'/1 o&� V-1 which is also shown on the new Assessor's Map: ,,Z as Parcel: _(old Map & Lot #) / LU% Zoning District: /2—,, 5- Project: The applicant seeks permission to undertake the following construction/use/activity :(give a brief description of the project. i.e.: "add a 10' by 15' deck to the front of our house" or "change the use of the existing building on the property"): cy ic7,lp rpwjfir /t CrX7-1YiN PR[ E9157-11116ticiv-Cru�oY'�ti c, QELiFI 7HU 1/AeM0"-(H z„aev c•, nP 201VINv',a0,7VntlSnrrrnc �.;> J REQUESTED: The applicant seeks the following relief from the Board of Appeals: I )_REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated (attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. -) X SPECIAL PERMIT under § 101. S of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 3)_VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: Relief sought: Section: Relief sought: Section: Relief sought: Additional comments: FACT SHEET 1 This sheet must be completed and filed at the time of application. Owner of Property (if other than ( Address) How long has the owner had title to the above (Full Name) (Telephone Number) (Give title reference if available) Use Classification: Existing: A7 /Iv-2Lz, wlo c-G §202.5 # A -7 Proposed: 5,qmC §202.5 # Is the property vacant: A/D How long has it been vacant: Lot Information (if available) Area: 7. & e? i - /) Subdivision/Plan Reference: / Is this property within the Aquifer Protection Overlay District: Yes No Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or w)}11 review this project, and indicate the status of their review process: S r -,-L' /'L 4M 7h,?I&v Repetitive Petition: Is this a re -application: P Z) If yes, do you have Planning Board Approval: Prior Relief. If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the Appeal number(s) and other available information: ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: Building Inspector's Signature Site Plan Review Required Completed Ayes ❑ No ❑ Yes7 No Comments, Corfinued qr 'L1l'��� Conservation Div. Planning Div. Water Div. !� Design Review Economic Devel. READ & RECEIVED BY APPLICANT(S) Last Form Revision ari( 9 APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code, (MEC), 527 CMR 12.00 TOWN OF YARMOUTH (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) (OFFIC SE ONLY) By— C Fee: $ 60,0•07) PERMIT NO. e- 0/ — / y Date: To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location (Street &//Number) 11''11Oe— Q laxe y�1�f10.1Y�OR'"feCam. Owner or Tenant [�reer i t OA30-f- Telephone No. Owner's Address Is this permit in conjunction with a building permit? ❑ Yes 0No (Check Appropriate Box) Purpose of Building Existing Service _ New Service _ Utility Authorization No. Amps / Volts Overhead Q Undgrd Q No of Meters Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters Number of Feeders and Ampacity ii ��-+ Location and Nature of Proposed electrical Work: LJ I Ce C C—YY %C cl I e-C] ©YV lCf—> may No. of Recessed Fixtures No. of Ceil.-Sus . Paddle Fans No. of Total Transformers KVA No. of Lighting Outlets No. of Hot Tubs Generators KVA No. of Lighting Fixtures Above In- SwimmingPool gruel. � rnd. No. of Emergency Lighting Battery Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners No. of Detection and Initiating Devices No. of Ranges Total No. of Air Cond. Tons No. of Alerting Devices No. of Waste Disposers Heat Pump Totals. Number Tons KW No. of Self -Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW CjMunicipal �-I Local Connection LJ Other No. of Dryers Heating Appliances KW ecutiry ystems- No. of Devices or Equipvalent No. of Water Heaters KW No. of No. of Signs Ballasts Data Wiring: No. of Devices or Equivalent dromassa a Bathtubs No. H: y $ N otor ota ing Telecommunications Wirivalent No. of Devices or E u 1 MAR additional detail if desired, or at required by the Impector of If zret. INSURANCE COVERAGE: Unless waived by the owh , no MAR f2 SeMli�tft:hc letrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage og s substtantial equivale%�tTersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. i .y%,�Q�7 a 71 ' ,CHECK ONE: INSURANCE BOR ___ (Specify:) 9-ga-01 (Expiration Date) Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. I certify, under the pains and penahies of per'ury, that the information on this application is true and complete. 1 i 1' o FIRM NAME: ( 'ec#rle. m LIC. NO. A I I I L4 1 Licensee: )AMe, MAC-EfleYY1EY Signature - - - LIC. NO. (If applicable, enter "exempt" in the license number lin-�ee�r) Bus. Tel. No.: 06y �� S-Oh 30 Address: 1"A MII)TEUt D& We5t YQYrna.,Th Alt. Tel. No.: OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I and the (check one) owner 13 owner's agent. Owner/Agent Signature Telephone No. [Rev. 04/001 APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code, (MEC), 527 CMR 12.00 TOWN OF YARMOUTH (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) (OFFICE YPE ONLY) By W/ Fee: $ -,4 40 `x PERMIT NO. C -" Date: To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. _ Location (Street & Number) I t"� 1 `P-r Y n Owner or Teant Gre'.E.r\ 14oLf ho r (\tom` \ buer\r+ C kj Telephone No. Owner's Address Is this permit in conjunction with a building permit? L`7 Yes ONo (Check Appropriate Box) Purpose of Building Existing Service New Service Utility Authorization No. Amps Volts Overhead ❑ Undgrd ❑ No of Meters Amps Volts Overhead ❑ Undgrd ❑ No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed electrical Work: W 1 ee- f-e rr-,ode,led n k1c e-C imce Completron of the folleiving table may be waived by the Inr ector of Wrres No. of Total No. of Recessed Fixtures No. of Ceil.-Sus . Pa dle Fans Transformers KVA No. of Lighting Outlets No. of Hot Tubs Generators KVA Above In- 71 No. of Emergency Lighting No. of Lighting Fixtures SwimmingPool cud. gmd. BatteryUnits No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Detection and No. of Switches No. of Gas Burners Initiating Devices Total No. of Ranges No. of Air Cond. Tons No. of Alerting Devices Heat Pump Number Tons KW No. of Self -Contained No. of Waste Disposers Totals: Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Municipal Local Cl Connection ❑ Other No. of Dryers ry Heating Appliances KW $ pp ecNo. Systems: No. of Devices or Equipvalenc No. of Water No. of No. of Data Wiring: Heaters Signs Ballasts No. of Devices or Equivalent No. H dr y sae bsTo. g of Motors Total HP Telecommunications Wiring: No. of Devices or Equivalent Q��t7 a i APR 0 Attach additional detail if desired, or as required by the Inspector of Wires. INSURANCE ERAGE: Unless waived by wner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability 1�insurance includ ng "completed operation" coverag or its substantial equivalent The undersigned certifies that such coverage is m force, and has exhibited proof y 1 of same to the p r�issuine office Q CHECK ONE: BONDQ OTHERQ(Specify:) /—��-0k (Expiration Date) Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. I certify, under the pains and penalf}ties of perjury, that the information on this application is true and complete. FIRM NAME:�ulIftf Ie. rie- ,�n�ani r 0 LIC.NO. f,LLicensee:L--dIM-'e ' �1'�Eirnf� Signature LIC.NO. lI (If applicable, enter "exempt" in the license number line.) v Bus. Tel. No.: Address: Alt. Tel. No.: OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement I and the (check one) owner ❑ owner's agent. ❑ Owner/Agent Signature Telephone No. (Rev 04/00) y w w Q pJ< z w w w \ Office Use Only Q;hr of Maooachlt5ttto Permit No. ) ticpartlnclit of Public 2,afetg Occupancy & Fee Checked BOARD OF FIRE PREVENTION REGULATIONS 527 CMR 12:00 5/92 (leave blank) PPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code, 527 CMR 12:00 (f -EASE PRINT IN INK OR TYPE ALL INFORMATION) Date 01 —463—oh City or Town of YARnALIUTIt _ To the inspector of Wires: T e udersigned applies for a permit �to perform the electrical work describ. Iqd below`. L( .ation (Street & Number) 18G. LJWXMR, AVeNUC. _" `ry SST 1 O iner or Tenant O rner's Address Is his permit in conjunction Witt) a building permit: Yes No ❑ (Check Appropriate Box) P. pose of Building DW0 I t&Q ` Utility Authorization No. E: sting Service Amps _-/ Volts Overhead ❑ Undgind ❑ Nt v Service Amps --/ Volts Overhead ❑ Undgrnd ❑ No. of Meters No. of Meters Ni nber of Feeders and Ampacity Lc ation and Nature of Proposed Electrical Work L oW oLr"ei V4 -E ALw+AM SySimA Nc Nc Nc Nc Nc Nc Nc Nc Nc No of Lighting Outlets No. of Hot Tubs No. of Tra mers A Total t MRQKVA of Lighting Fixtures Swimming Pool Above In, grind. ❑ grnd. ❑ GeneratoJAN r. 'U no� No. of Em ency Lighting of Receptacle Gutless. No, of Oil BurnersBattery U Of Switches No. of Gas Burners FIRE ALA No. of Detection and of Flanges 9 No. of Air Cond. Total tons Initiating Devices of Disposals No.of Heat Total Total Pumps Tons KW No. of Sounding Devices No. of Self Contained Of Dishwashers SpacerArea Heating KW DetectionlSounding Devices Municipal Local notachon ❑Other of Dryers ry Heating Devices KW No. of No. of Rage of Water Heaters KW Signs Ballasts 'ng Hydro Massage Tubs No. of Motors Total HP Security System OT ER: IN URANCE COVERAGE: Pursuant to the requirements of- Massachusetts general Laws y/' I t ve a current Liability Insurance Policy including Co pleted Operations Coverage or its substantial equivalent YES yes NO ❑ 1 he a submitted valid proof o1 same to the Office. YES NO ❑ If you have checked YES, please indicate the type of coverage by ch :king the appropriate box. IN URANCE )< BOND ❑ OTHER ❑ (Please Specify) (Expiration Date) CH :K APPROPRIATE SOX: I have Worker's Compensation Insurance A I have no Employees 0 Est sated Value of Electrical Work S Wo to Stan Inspection Date Requested: Rough Final Sig ed under the Penalties of per) u : FIF t NAME S Lia tsee t • t 1(1'[r LIC. NO. ,- / c S' nature - UC. NO. Atic ess v7/ Y�µ-VMS --L7e7 uj �,-( �(, QU Bus. Tel. No. 394-SeJQ� ID —Alt. Tel. No. OV, IER'S INSURANCE WAIVER: I am aware that the Licensee does not have the insurance coverage or its substantial equivalent as re - Quit d by Massachusetts General Laws. and that my signature on this permit application waives this requirement. Owner Agent (I ease check one) /lG^ice — Telephone No. PERMIT FEESyJ (Signature of Owner or Agent) APPLICATION FOR PERMIT TO DO GASFITTING �MVP n 7NO2'1000 BYE Building AT: Location New ❑ Plans Submitted MOUTH oua:) Renovation V Yes ❑ No ❑ (OFFICE USE ONLY) Fee: $ 1L0. O 0 PERMIT NO. G— O(— 3 6 7 �Y Date®D T� ,t���YAiCJ Owner's Name A2ZV&, X 1eg4T Replacement ❑ Type of Occupancy ) wealx)A M N Y U) 2 V) 2 O Z U1 2 2 H 0 WO .i Coto U ¢ z m !w >' Oyo ¢wcc W a W x > W W W O> W W Z Q W Q Z F } 0 m Z LL O Z W J O H y 2 3 J W a S O 0S LL a 0 U¢ > c H 0 SUB-BSMT. BASEMENT 1ST FLOOR 2ND FLOOR 3RD FLOOR (PRINT OR TYPE) Installing Company Name Address Business Telephone "`' `' Name of Licensed Plumber or Gasfitter Check One: Y(Iorp. ❑ Partnership ❑ Firm/Company INSURANCE COVERAGE: Checl Qne I have a current liability insurance policy or its substantial equivalent. Yes Yl y No ❑ If you have checked yes, please indicate the type of coverage by checking the appropriate box. A liability insurance policy ❑ Other type of indemnity ❑ A 1 l) _ p —oo I-, s 1 7 Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check One: Owner ❑ Signature of Owner or Owner's Agent I hereby certify that all of the details and information I have submitted (or entered)in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under Permit issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. Signature of Licensed Plumber or Gasfitter License Number TYPE LICENSE: ❑ Plumber 0 Gasfitter Taster []journeyman TOWN OF YARMQUTH - �AifFLct= 11iu.,9) APPLICATION FOR PERMIT TO DO PLUMBING (OFFICE USE ONLY) By Fee: $ PERMIT NO. Building Owner's AT: Location 19a X2:2F4e. -A�F , Name DahzL402em /jj Type of Occupancy 2 .jA)6 New ❑ Renovationy Replacement ❑ Plans Submitted Yes ❑ No ❑ r :i z z I to N y O Y F > fn - W le J a) Q V Q N z O y S R .. N z (aQ 2 _~ O z z z IL ¢w z G Q Z¢ a¢ O LL - - ¢ W i D ¢LL, Q w a: to J O GLL cc ~ U H O x o. N z 0 0 ai Z Z w F O U = Q �i H Q Q S D y Q Q O Q J J Q M o[ of Q O Q H iL J m N O J 3 2 F rn LL 0 n O Q c 'm O SUB-BSMT. BASEMENT 1ST FLOOR 2ND FLOOR 3RD FLOOR (I - o9- o� (PRINTORTYPE) - Check One: cl Installing Company Name F,A�Ajsintc)l2 V4 i� Corp. ./Jt-ary(o/q3 Address �J fi&644 7❑ Partnership ❑ FirnVCompany Business Telephone ak--n!l-'7779 Name of Licensed Plumber 6,F, W1111SLOU) INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent. Check One: Yes No ❑ If you have checked YES, please indicate the type of coverage by checking the appropriate box. A liability insurance policy ❑ Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance voerage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Signature of Owner or Owner's Agent I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under Permit issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. Check on Owner ❑ Aaent ❑ SignMUr—e-of Licensed Plumber %g39 //62S 6,e&&azjE, icense Number Type: Master P' Journeyman $o� R TOWN OF YARMOUTH of _ y BUILDING DEPARTMENT F »;T! 1146 Route 28, South Yarmouth, NIA 02664 508-398-2231 ext. 260 SITE PLAN REVIEW MEETING You are scheduled to meet with the Site Plan Review Committee on U at /. 3� Member Calculations Report Level Name: SECOND FLOOR Application: Floor 7 11' 6" Design Date: 5/9/00 2:34:19 PM Mid -Cape Home Centers Route 134 PO Box 1418 South Dennis ma 02660 50"98-6071 508-3984.4559559 Status: Plotted Non -Residential: No JA' 2" Report Date: 1/9/01 11:01:20 AM Object: Flush Beam #32 +, 2 P� t l General: Product: 5 l/4" x 117/8" 2.0E Parallam PSL Plies: 1 Deflection Criteria: Standard, Live Load L/360, Total Load L/240 Member Weight (plf) per ply: 19.5 Design Value Control Value Result Moment (Ft-Ibs) 10199 29854 assed Shear (tbs.) 3659 13861 Passed Live Load Deflection (") .06" .38" Total Load Deflection (") .13" .58" Passed Reaction (tbs.) 10447 11550 (Passed Passed Bearings: Bearing Location Input Length Required Length I Wall # 6 0 51/2" 5 1/2" 2 Wall # 8 0 5 1/2" 5 1/2" 3 Wall # 14 24' 8" 5 1/2" 5 1/2" 4 Wall # 15 24' 8" 5 1/2" 5 1/2" 5 Column By Others # 33 IT 6" 5 1/2" 5 1/2" 6 Column By Others # 7 23' 8" 5 1/2" 5 1/2" 7 Column By Others # 10 1 5 1/2" 5 1/2" Reactions: Assumed Member Weight (plf): 14 r Location Dead Load Live Load Total Load Uplift I (tbs.) 2 3/4" 0 5112 5112 0 2 (tbs.) 2 3/4" 0 5112 5112 0 3 (tbs.) 24' 5 I/4" 0 5255 5255 0 4 (tbs.) 24' 5 1/4" 0 5255 5255 0 5 (tbs.) IT 6" 1440 4263 5703 0 6 (tbs.) 23' 8" 4950 10881 15831 0 7 (tbs.) 1' 5174 10704 15878 0 Loads: Roof Load Duration Factor: 115% Load Location Live Dead Type Distributed (pit) 0 to 2121, 262.5 to 81.9 87.5 to 0 Floor Distributed (pit) 2' 2" to 4' 2" 81.9 to 166.4 0 to 46.5 Floor Distributed (plf) 2' 2" to 4' 2" 0 to 4.2 0 to 0 Floor Distributed (plf) 41211 to 6 166.4 to 244.6 46.5 to 81.1 Floor Distributed (plf) 4' 2" to 6' 4.2 to -1.3 0 to 0 Floor TJ-Xpert 6.1 (#674) A Page 1 green harbor-LJOB 'Desiin Sate: 5/9100 2:34:19 PM Report Date: 1/9/01 11:01:20 AM Distributed (plf) 24' 8" to 221611 262.5 to 81.9 87.5 to 0 Floor Distributed (plf) 221611 to 201611 81.9 to 166.4 0 to 46.5 Floor Distributed (plf) 221611 to 20 6" 0 to 4.2 0 to 0 Floor Distributed (plf) 20' 6" to 18' 8" 166.4 to 244.6 46.5 to 81.1 Floor Distributed (plf) 20' 6" to 18' 8" 4.2 to -1.3 0 to 0 Floor Distributed (plf) 6' to 3' 10" 244.6 to 143.7 81.1 to 42.2 Floor Distributed (plf) 6' to 3' 10" -1.3 to -7.1 0 to 0 Floor Distributed (plf) 3' 10" to 1' 10" 143.7 to 53.9 42.2 to 0 Floor Distributed (plf) 3' 10" to 1' 10" -7.1 to 0 0 to 0 Floor Distributed (plf) 1' 10" too 53.9 to 262.5 0 to 87.5 Floor Distributed (pit) 18' 8" to 20' 10" 244.6 to 143.7 81.1 to 42.2 Floor Distributed (plf) 18' 8" to 20' 10" -1.3 to -7.1 0 to 0 Floor Distributed (plf) 29 10" to 22' 10" 143.7 to 53.9 42.2 to 0 Floor Distributed (plf) 20' 10" to 22' 10" -7.1 to 0 0 to 0 Floor Distributed (plf) 22' 10" to 24' 8" 53.9 to 262.5 0 to 87.5 Floor Concentrated (lbs.) 18' 8" 1345 642 Floor Concentrated (lbs.) 6' 1345 642 Floor Concentrated (lbs.) 24' 8" 3194 2305 Roof Concentrated (lbs.) 24' 8" 170 0 Floor Concentrated (lbs.) 0 3194 2305 Roof Concentrated (lbs.) 0 170 0 Floor Concentrated (lbs.) 6' 1345 642 Floor Concentrated (lbs.) 1818.1 1345 642 Floor Concentrated (lbs.) 0 3194 2305 Roof Concentrated (lbs.) 0 170 0 Floor Concentrated (lbs.) 24' 8" 3194 2305 Roof Concentrated (lbs.) 24' 8" 170 0 Floor Notes: Design Methodology: ASD Only positive (downward acting) loads are detailed in the diagram above. IMPORTANT! The analysis presented above is output from software developed by Trus Joist (TJ). Allowable product values shown are in accordance with current TJ materials and code accepted design values. The specific product application, input design loads and stated dimensions have been provided by others, have not been checked for conformance with the design drawings of the building, and have not been reviewed by TJ Engineering. TJ-Xpert 6.1 (#674) A Page 2 green harbor-1.JOB owl TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: JAN 2 6 1978 Petitioner: Green Harbor Village 182 Baxter Ave. West Yarmouth, Mass. DECISION Hearing Date:_ 12/22/77 Petition No.: 1.455 The petitioner requested a variance and/or approval and/or a special permit and/or an extension of a non —conforming use to allow the construction of (6) six 2—bedroom family suites as located on plans submitted and shown on Assessors map #17—S1, consisting of 7.60 acres. Members of Board of Appeals present: DONALD HENDERSON ROBERT SHERMAN HERBERT RENKAINEN MORRIS JOHNSON JOHN NEYLON JOYCE SEARS It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and that public notice of such hearing having been given by publication in the Cape Cod Times on 12/5/77 and 12/12/77, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Palmer Davenport, Mr. Schott, Sheldon Segarman. The following appeared in oppsoition: Wm. F. Pillion (with petition), Paul Mills, (with petition), Thomas Golden, Ethel MacCausin, (by letter & in person), Edward J. Pacelli, (by letter). REASONS FOR DECISION: Petitioner's request was considered as a request for an approval from the Board of Appeals under the by—law 18.02,11,F, which permits the use of a motel in a residential area. The subject property had been before the Board with a similar request in 1969, Appeal #919, where further motel use of the locus was approved. Counsel for one of the abutters, Attorney Walter H. McLaughlin, Jr., urged Wtion No. 1455 . ge 2 the Board to consider this request as one for a variance, on the grounds that the proposed effeciency units were apartments or dwellings (citing the case of Gallagher vs. the Board of Appeals of Falmouth, (351 Mass. 410, 1966). This Board felt a reading of the by—law 18.13, definitions, "dwelling unit" and "hotel or motel", most particularly the language pertinent to "transient basis" as applied to the facts of petitioner's appeal rendered the prepsoed units more properly within the "motel" definition. In deference to Mr. McLaughlin, an informal opinion r from Town Counsel was sought, whose opinion concurred that of the Board. Accord— ingly, this appeal was considered in light of the less stringent criteria applicable to permits. The Board carefully reviewed petitioner's plans in light of his assertions that the proposed additions conformed to the by—law with respect to land coverage, setbacks, etc. The Board concurred with the exception of the side yard setback (10' required by the parking and loading section 18.11), by the proposed driveway. A report from the Conservancy District was not required under the by—law because no activity was proposed within the District, nor was any septic system to be constructed within 75' of the District. A considerable amount of discussion arose at the hearing because of the absence of this report and a negative finding by the Planning Board, letter dated 12/21/779 based upon the erroneous assumption that the property was within the District that letter from the Planning Board. The Board of Appeals gave no weight to At the hearing, several neighbors (and abutters), testified as to the narrow— ness of the road, the high speed thereon, the effect of an additional blind drive— way on safety, and the effect of additional cars on congestion. W Petition No . 1455 Page 3 Prior to the decision, those Board members who had not recently viewed the locus, did so. The Board found that under the present plan, the petitioner had not demonstrated that no undue nuisance, hazard or congestion would be created. The Board specifically found that the proposed driveway and additional patrons, would likely create undue nuisance, harm and congestion and a likelihood of harm to the neighborhood result therefrom. Therefor, petitioner's request is denied. Members of Board voting: DONALD HENDERSON ROBERT SHERMAN MORRIS JOHNSON JOHN NEYLON JOYCE SEARS Voted not in favor n it n n Abstained from voting ROBERT W. SHERMAN Clerk MICHELE CUDILO, P.E. s Consulting Structural Engineer 123 Cottonwood Lane • Centerville, Massachusetts 02632-1979 • (508) 771-7601 • Fax (508) 771-7163 mcudilo@comcast.net October 5, 2009 Town of Yarmouth Building Dept. 1146 Route 28 So. Yarmouth, MA 02664 Attention: Mr. James Brandolini Building Inspector RE: Maintenance of Exits, Mass. State Bldg. Code Red Jacket Resorts Green Harbor, So. Yarmouth, MA Dear Mr. Brandolini, Please be advised that the above captioned project has been inspected on July 16, 2009 and again on October 5, 2009 to view the work completed. This office has inspected all exterior bridges, steel or wooden stairways, fire escapes and egress balconies for structural integrity and safety, and finds them adequate, as amended. I trust that the above addresses your needs at the present time. Should you have any question on any of the above, please do not hesitate to call. Sin erely ichele Cudilo, P.E. /2009-93 cc: K. Smith MICHELE CUDILO No.34774 STRUCTURAL MAP PAR MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Print o Type) _ n— rn_ , Mass. Date S - Z�' _OBI U permit �l (� Bulldin Location LN 43Y1�mp AteelA j Owners Name s ry zi r dtpfzsz ern QA %— W j4-P-W.wT4f Type of Occupancy 4kQkCL0t-[ - Newv&lage]Renovation ❑ Replacement 5� Plans Submitted: Yes ❑ No FIXTURES La • • � i I . n • • • • AIM � �NEENEE OMEN MENNE/EMENO EMENEEN■.EM.NE■MENNEE■EME Installing Company Name R ,. y ' s Tnc. Address 222 Mid —Tech Drive W�stVarmoiithh Business Telephone 508-775-1303 Name or Lcensea rrumoer ZCrteck one: �orporacion ❑ Partnership ❑ Firm/Co. Dertiricate t7ti2�� INSURANCE COVERAGE: I have a curre t liability policy or its substantial equivalent which meets the requirements of MGL Ch, 142. Yes No ❑ If you have checked yes, please indicate the type coverage by checking the appropriate box. A liability Insurance policy 9t, Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance required by Chapter 142 of the Mass. General Laws, and that my signature on this permit a waives this requirement. Signature of Owner or Owners Check one: Owner ❑ Agent ❑ I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. BY Title Signature of Licensed Plumber City/Town APPROVED (OFFICE USE ONLY) Type of License: Master Y Journeyman ❑ License Number 7794 CP `� CommoruveaiE/z o/ /r/aaeacixueeEEa Official Use Only cc�� c�77 �k g 97 aUeParEmenE o1-.tire �ervicee Permit No. Occupancy and Fee Checked lug BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/07] (leaveblank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (yIEC), 527 CMR 12.00 (PLEASE PRINT ININK OR TYPE ALL INFORMATION) Date: ��a 52/ d City or Town of: YA-&Mo tJj 4 To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrjeal work describedbelow. Location (Street & Number) / a Owner orTenant rnr2ad/ Owner's Address /SBA*TrZ0,- 14-V fL ( VlUl T aasoiLT' Telepho 017 - eNo.3-o&')7J-7Jat Is this permit in conjunction with a building permit? Yes No ❑ (Check A r p ' t j A V c Purpose of Building R 1pi so f i Utility Authorization Nn"q# C Existing Service Amps / Volts Overhead ❑ Undgrd ❑5 New Service Amps / Volts Overhead ❑ Undgrd ❑ Number of Feeders and Ampacity ar Location and Nature of Proposed Electrical Work: - R eLA-C.F /Z66+m. U/1 tM*A^- Frf o rvt FE2f�, Completion of the following table may be waived by the Inspector of Wires. No. of Recessed Luminaires No. of C ' sp. (Paddle) Fans No. Total Transformers KVA No. of Luminaire Outlets No. o H b Generators KVA No. of Luminaires Swim 'n o Above In- rnd. ❑ rnd. ❑ o. o mergency tg tng Batter Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners No. of Detection and Initiatin Devices No. of Ranges g No. of Air Cond. Total Tons . No. of Alerting Devices No. of Waste Disposers p Heat ump Totals: Number I Tons KW No. oSelf-Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Local ❑ Municipal Connection ❑Other No. of Dryers Heating Appliances KW SecuritNo. of Devi es or Equivalent No. of Water Heaters KW No. of No. o Signs Ballasts Data Wiring: No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications No. of Devices or Equivalent OTHER: Attach additional detail ifdesired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: (When required by municipal policy.) y Work to Start: � Q Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The rsi tied certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER El(Specify:) Izz, I certify, under the pants and penalfies ofperjuty, that the information on this application is trite and complete. FIRM NAME: (J (- t-en, L c L C U LIC. NO.: /// Licensee: L)ktycA- L4'4Ct7#VfittWey Signature LIC.NO.- `1 (Ifopplicablegtiter"exempt"intheicense number((ine�.) Bus. Tel.No.: 1 o36 Address: I ZI �%�� r Q g . 1.� • �V-94— Alt. Tel. No.: *Per M.G.L. c. 147, s. 57-61, security work requires D partment of Public Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one)❑ owner ❑ owner's agent. Owner/Agent PERMIT FEE: $ /6 d Signature Telephone No.