HomeMy WebLinkAbout0676 SCUDDER AVENUEi
f
Town of Barnstable *Permit#
Expires 6 mo hs from issue date
Regulatory Services Fee .(
g Y
Thomas F. Geiler,Director
Building Division
Tom Perry,CBO, Building Commissioner
200 Main Street,Hyannis,MA 02601.
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
EXPRESS PERMIT APPLICATION. - RESIDENTIAL ONLY
v/� Not Valid without Red X-Press Imprint
AQMap/parcel Number / log "
Property Address
residential Value of Work Minimum fee of$25.00 for work under$6000.60
Owner's Name&Address
00
Contractor's Name_ Oki Telephone Number
Home Improvement Contractor License#(if applicable)
Construction Supervisor's License.#(if applicable) 003 0�'T J
R<Vorkman's Compensation Insurance -PRESS PERMIT
Check one: 9
❑ I am a sole proprietor
❑ I am the Homeowner JUN 6 2008
Lj-1 have Worker's Compensation Insurance
TOWN OF 13ARNSTABLE
Insurance Company Name
Workman's Comp.Policy#
Copy of Insurance Compliance Certificate must be on file.
Permit Request(check box)
2"Re-roof(stripping old shingles) All construction debris will be taken to
❑Re-roof(not stripping. Going over existing layers of roof) "
Re-side ,
❑,Replacement Windows/doors/sliders. U-Value (maximum:44)
*Where required: Issuance of this permit,does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.
***Note: Pr riy Owner must sign Property Owner Letter of Permission.
c y of the Home Improvement Contractors License is required. �C :£ Wd 9- Nnr 000Z
:
SIGNATURE: 3"l9 "N '0 ��I,il?J_ -
Q:Fonns:expmtrg
Revise061306
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA 02111
www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information P ase Print Le 'bl
Name(Business/otmizarion/lndividual): �t r ,9C
Address:
City/State/Zip: Phone.#:
Are you an employer? C eck the appropriate box: Type of project(required):
9"
1. 1 am a employer with 3 y - 4. I am a general contractor and I
. employees(frill and/or part-time).
* have hired the stab-contractors 6. ❑New construction
2.❑ I am a sole proprietor or partner- listed on the attached sheet 7. ❑Remodeling
ship and have no employees These sub-contractors have g, �]Demolition
working for me in any capacity. employees and have workers' 9 Building addition
[No workers' comp.-insurance comp.msurance.t
required.] 5. We are a corporation and its 10.❑-Electrical repairs or additions
3.❑ I am a homeowner doing all work officers have exercised their 1 LE]Plumbing repairs or additions
myselL[No workers'.comp. right of exemption per MGL 12.[ oof repairs
insurance required,]t C. 152, §1(4),and we have no
employees. [No workers' 13.❑ Other
comp.insurance required..]
Any applicant that checks box#1 moist also fill out the section below showing their workers'con4=isation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state wbcther or not those entities have
employees. If the subcontractors have employees,they must providt 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. r
Insurance Company Name: it -
� y
Policy#or Self-ins.Lic.#: DO t0/7)_0 I4O t2 R Expiration Date: V
�/' ��Q
Job Site Address: 6 q� S G�� '' City/State/Zip:
Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date).
Failure to se'cure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of crimifial 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 ce the pains-and penalties of perjury that the information provided abov is tr/e,and correct
Si afore: Date: v _
Phone#: CS� —7?Y, �7
/
Official use only. Do not write in this area,to be completed by city or town official
City or Town: Permit/License#
Issuing Authority(circle-one):
1.Board of Health 2.Building Department 3.City/Town Clerk. 4.Electrical Inspector 5.Plumbing Inspector
6.Other
Contact Person: Phone#:
Information and Instructions
Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees:
Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire,
express or implied, oral or written."
An employer is defined as"an individual,partnership, association,corporation or other legal entity, or any two or more
of the foregoing engaged in a joint enterprise, and including the legal representative's of a deceased employer,or the
receiver or trustee of an individual,partnership,association or other legal entity, employing employees. However the
owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the
dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house
or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
MGL chapter 152, §25C(6)also states that'every state or local licensing agency shall withhold the issuance or
renewal of a license or permit to operate a business onto construct buildings in the commonwealth for any
applicant who has not produced-acceptable evidence of compliance With the insurance coverage required."
Additionally,MGL chapter 152, §25C(7)states`Neither the commonwealth nor any of its political subdivisions shall
enter into any contract for.the performance of public work until acceptable evidence of compliance Rath the insurance
requirements of this chapter have been presented to the contracting authority."
Applicants
Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if
necessary,supply sub-contractors)name(s),address(es)and phone number(s) along with their certificate(s)of
insurance. Limited Liability Companies*(LLC)or Limited Liability Partnerships(LLP)with no employees other than the
members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have
employees, a policy is required Be advised that this affidavit may be submitted to the Department of Industrial
Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit 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. Self-insured companies should enter their
self-insurance license number on the appropriate line.
City or Town Officials
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 permittlicense number which will be used as a reference number. In addition, an applicant
that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current
policy information(if necessary)and under"Job Site Address" the applicant should write"all locations in {city or
town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the
applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit.must be filled out each
year.Where a homeowner or citizen is obtaining a license or permit not related io any business or commercial venture
(i.e.a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit.
The Office of Investigations would like to thank you in advance for your 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
Office of Investigations
600 Washington Street
Boston,MA 02111
Td. #617-727-4900 ext 406 Qr 1-977-MASSAFE
Fax# 617-727-7749
Revised 11-22-06
www.mass.gov/dia
D :a stet 2/20/2008 Time: 4:04 PM To: N 9,15087754909 Page: 002
Client#:2093 2JAXTIMEREJ
ACORU. CERTIFICATE OF LIABILITY INSURANCE =0 8 "'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dowling 8:O'Neil Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
Agency ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
9731yanough Rd., PO Box 1990
Hyannis,MA 02601 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Acadia Insurance
E.J.Jaxtimer Builder, Inc. INSURERS: Fireman's Companies
Ernest J.&Marie T.Jaxtimer INSURER C:
48 Rosary Lane INSURER D:
Hyannis,MA 02601 INSURERE:
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.
NSRM LTR
TYPE OF INSURANCE POLICY NUMBER tDA�EFFECiM POLICY MMIUDIMO�nO LINTS
A GENERAL LIABLlrY CPA010264814 01/01/08 01/01/09 EACH OCCURRENCE. $1 000 000
T::
MERCIAL GENERAL LIABILITY DAMAGE To RENTED $250 000
CLAIMS MADE �OCCUR MED EXP one person $5 000
PERSONAL BADVINJURY $1000000
GENERAL AGGREGATE s2,000,000
GEW AGGREGATE LIMIT AIWUES PER: PRODUCTS-COMPlOP AGG s2,000,000
POLICY � LOC
B AUTOMOBILE LIABLM MAA010395014 01/01/08 01101109 COMBINED SINGLE LIMIT
ANYAuro
(Eaam[rl
ALL OVOIED AUTOS BODILY INJURY
(Per person) $
X SCHEDULED Auras
X HIREDAUTOS BODILY INJURY
X FROM-OWNED AUTOS (Par avant) $
PROPER YDAMAGE $
GARAGE LIABLrTY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESSMIBRIa_LA LMUNI Y CUA010264914 01/01/08 01/01109 EACH OCCURRENCE s2,000,000
X OCCUR CLAIMS MADE AGGREGATE s2,000,000
$
DEDUCTIBLE $
X RETENTION $O $
A wommRscowENsAn0NAND WCA020455011 01/01/08 01/01109 TORY IIMITI OER
EMPLOYERTLIABMY E.L EACH ACCIDENT $500,000
ANY 7ECUTIVE
OFFC MENE NO EL DISEASE-EA EMPLOYEE $500 0W
I�s�aesoribe under E.L.DISEASE-POLICY LIMIT $50Q Q00
SPECAM.PROVISIONS
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISI(W
Certificate holder is named additional insured for general liability.
E.J.and Marie Jaxtimer are included under the workers compensation policy.
Operations performed by the named insured subject to policy conditions
and exclusions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCREED PO1.XWS BE CANCELLED BEFORE THE EXPIRATION
Town of Barnstable DATE THEREOF.THE ISSUNG INSURER WILL ENDEAVOR TO MARL In DAYS WRITTEN
200 Main Street NOnCE 10 THE CERTTFMTE HOLDER NAMED To THE LEFT,BUT FAILURE TO DO 50 SHALL
Hyannis,MA 02601 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTAUM.
AUTHORIZED SENTATNE
C. a - �
ACORD 25(2001108)1 of 2 #S509951M50595 LS1 ®ACORD CORPORATION 1988
Board of,Building Regula/1os and Standards
One Ashburton Place - Room 1301
Boston. Massachusetts 02108
Home Improvement � ntractor Registration
Registration: 110609
Type: Private Corporation
i> Expiration: 11/3/2008 Tr# 124739
E J JAXTIMER, BUILDER, INC.
ERNEST JAXTIMER
48 ROSARY LN
HYANNIS, .MA 02601 _.-._.
' Update Addre.s and'return card. Mark reason for,ebange.
-; Address Renewal : Employment Lost Card
_
DPS-CA1 8 50M-05/06-PC8490ijr
lae.1°panu+�u xweal a�� aevaclivaek�
Boa d of Buiiding;Regulations and.Standards
i Co struction Supervisor License ,
i i L104nse CS 3251 I w
i<ra loh. 1414/2010 Tr# 13629
est: Whig
ERNEST J JAXTI(NERi
48 RySARY LAN.Eti
HYANNIS,NA 02601 " Commissioner
.�4 Town'o Barnstable
� •�Owti
regulatory Services
M E,AO. Thomas F.Geiler ,Director .
�P .q s6 3 p��
TE%6 9- ,Buwlding Division
Tom Perry,.Building Commissioner
200 Main Street, Hyannis,MA 02601
ffice:. 508-862-4038 Fax: 508-790-6230
Property Owner Must
Complete and Sign This. Section
If Using .A Builder
1, ����!e a , as Ownet of the sub'ect ro
. 7 P pay .
hereby authorize EJ JR V- 7Iur, .,8 w lh ra �/70— ' to act on my behalf,
in all matters relative to work:authorized by.this building permit application for.
(Address of Job)
4/4 4
Signature of Owner Date
Print Name
Q:FORMS:O WN'EFPERMIS SIOId
L
}
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map o?,?2 Parcel Permit#
Health Division ��' ' Date,Issued
Conservation Division Wo,&,gvc1 Fee
Tax Collector �• ®� 3�3r�y� `%
Treasurer
SEPTIC S 1 v w�T
Planning Dept. INSTALLED IN C®firs LIRA
Date Definitive Plan Approved by Planning Board WFITHTITLE
ENWRONMENTAL COME AND
Historic-OKH Preservation/Hyannis TOOWN R E G UW—RO,,i��8
Project Street Address 676 Scudder Avenue
Village Hyannis ,Port
Owner Mr . William Eagan Address •676 Scudder Avenue , Hyannis Port
Telephone 1 7 71-6 7 3 8
Permit Request C605i�ut 2 801rme.r�
:5 t
Square feet: 1st floor:existing proposed 2nd floor:existing proposed Total new
Estimated Project Cost 10,000 Zoning District RF- ( Flood Plain Groundwater Overlay
Construction Type 'wood. Ke si de wh a L
Lot Size Grandfathered: ❑Yes M"No If yes, attach supporting documentation.
Dwelling Type: Single Family Two Family ❑ Multi-Family(#units)
Age of Existing Structure Historic House: ❑Yes 3rNo On Old King's Highway: ❑Yes I/N0
Basement Type: ❑Full ❑Crawl . ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full:existing new Half:existing new
Number of Bedrooms: existing new a�
Total Room Count(not including baths): existing new . First Floor Room Count
Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other
Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No
Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:O existing ❑new size
Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization O' Appeal# 1 a 44-1(p Recorded I
'Commercial ❑Yes lNo If yes,site plan review#
;Current Use Residential. Proposed Use Residential.
BUILDER INFORMATION
Name E . J. Jaxtimer , Builder , Inc . Telephone Number
778-4911
Address48 'Rosary Lane , Hyannis License# 603251 "
Home Improvement Contractor# 110609
Worker's Compensation#WC97-695028
ALL CONSTRUCTION DEBRI RESULTING FROM THIS PROJECT WILL BE TAKEN TO
omber 's D mpster
SIGNATURE DATE _ �r
FOR OFFICIAL USE ONLY
>i [ '' 2' ._ _ �' r } � • i •' Y.. , •;♦ :ter _ ' • . _ Z• • `.
PERMIT NO.
DATE ISSUED eq
-
'
MAP/PARCEL NO. M
ADDRESS t^t. VILLAGE
w �•f
OWNER
DATE OF INSPECTI01
FOUNDATION ,
FRAME t i
INSULATION
!•
FIREPLACE
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL'
GAS: ROUGH - FINAL
FINAL BUILDING
DATE CLOSED OUT F a
ASSOCIATION PLAN NO.
s C
THE r.
BAPuisrAnty- : Th.e' Town of Barnstable
Department of. Health Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crosson
Fax: 508-7.75- 344.
-�- :.�.' :>"Building Commissioner
t
For office use only
Permit no.
Date
AFFIDAVIT
HOME IMPROVEMENT CONTRACTOR LA4V
SUPPLEMENT TO PERMTTAPPLICATION
MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion,
improvement, removal, demolition, or construction of an addition to any pre-cadsting owner occupied
building containing at least one but not more than four dwelling units or to structures which are adjacent
to such residence or building be done by registered contractors,with certain exceptions, along with other
mquirernents.
J
Type of Work: C 0V1'1t_0-C"f 22 C10lr "M Est. Cost 70,0(9 D /
Address of Work: (D`�c0 S cia-Gt t t e(r- Q C(ftll I S p0 rt
Owner Name: W l I I Q &Ql
Date of Permit Application: �I31I�
I hereby certifv that:
Registration is not required for the following reason(s):
Work excluded by law
Job under$1,000
Building not ovvmcr-ooarpied
Owner pulling own permit
Nrnir e,is herf-h",given than
OWNERS PULLING THEIR O«'N PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS
FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE
ARBF RATION PROGRAM OR GUARANTY FUND UNDER MGL c_ 142A
SIGNED UNDER PENALTIES OF PERJURY
I hereby apply for a permit as the agent of the owner
�,\ .J1 fifxtP- I /vG o
Date Contractor name Registration No_
Date Owner's name
r
r
The Commoji wealth of Massach usetts
Depdrtirlenf of Industrial Accidents
__, OfTGe 0AMSUff3U011S
600 Wash irl�toll Streel i 1 A P PARCEL
i
Boston, A.Tass. 02111
_ \Yorkers' Compensation Insul-nnce Affid2vit
'1?7Lf1
E.J. Jaxtimer, Builder, Inc_ _
P2mc:
48 Rosary Lane.
Hyannis, MA 02601
cin• �: (508)778— 911
(j 1 :n a homeowner peroiMIMg all work myself.
I tin 2 sole proprietor 2Jid have no one�,-o;king in any c2pacit}'
? 2il, an cmployer pr0l)dtn,(,of-kers' c0 i)p_Iisation for m}'cmpl0\ecs-w0,l.lnb on this job.
E J Jh� 1I) i Builder; Inc.
cotimp6v r amc.
ddres�. �$ ftosarV Line
at, Hyannis, t`�A t72601 phone1' < (5. : 77 491
;8= 1
insn(ance co .astern Casual t y ZnsvranCe Co. WC97 695Q28
. ._ �. ..- � - •.—. m :�_ _��: 'v�..`�.�3'�'-�` .ra fir,:tYr%24s. _4-'Ra. .. ...c�-so_:�-�
O 1 am a scl;.proprietor,general contractor,or honleowner(circle one)and have hired the contractors listed below who have
the Col lowing workers':compensation polices: `
rort;aat- .. .:.. ,.:..., .. ..... .;;;;;.,.._..... ..,.:.
addre�c.
ci
: ...
.:...::...... . :
pnsuranccseo.-->�-
L' � a � ���ZLfro:,Ac'�"^�-���«7� x-�ae.•.-o .K+.S_`<-. +-z.t. z. eP• -+�'-�-s'c----cam
::
.......:::.''.
co m p a n y'n a m e:•>;:-�>.�:;:;:•� ;-:>�.:>::::-::»:�:.;=;.:.... :... .::..:......:.:.:..-.;:.:. :.
-»....�':4�:-: 2�� > :>:?:::: ::::`C::?=:f� f:_-: _:'.i :5
t s ari� 0.:>5[:i: c:.ik:>:::';: ::::C a:;-i:;=:> .:;-.i:::;``.�: ::z<lit;:;;:`.'L> :i- =;::i:•'.aS>:?;::�':?=`>``�?< >> f �'':>'":`::::'`>:;�_ ';<! .:.:
>; Muna.
Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition otcriminal penalties of a fine up to SIr500.00 and/or'
one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine ors100.00 a day against me. I understand that a
copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification.
I do hereby cerd a pains and penalties of perjury that the information provided above is.true and correct.
Signature <
Date
Print name - Jaxtimer, Builder, Inc. Phone# 778-4911
��olTicial use only do not write in this area to be completed by city or town official -
e
;r
city or torn: permitAicense# nBuilding Department
Licensing Board -
O check if immediate response is.requircd oSclectmen's Office '
t OHcalth Department
.i contact person: phone#; ( tOther
n-
(rc iscd 3/95 P1A)•. �- _ s
#
-P 153423
DEPARTMENT OF PUBLIC SAFETY 153423
ONE ASHBURTON PLACE, RM 1301
sY BOSTONO 02108--1618
CONSTRUCTION SUPERVISOR LICENSE
Number: Expires: B=sktrte.
CS 003251 01/14/2000 �}
Restricted To: 00
IjERNEST J JAXTIMER -
r !
48 ROSARY LANE
HYANNIS, MA 02601
+ ✓R Keep top for receipt and change
of address notification.
•
,.*a,'y-` r�.si�:yp,f ,di �.,,1� e+;" ���� � Q ���� �� ��/,�; _ •I,.; 'D�K tg x ,s ';iKfwf�x rr � '� xc
tj
HOME IMPROVEMENT CONTRACTORS REGISTRATION I'
x- a � *. +
Boar_ tof: 0uxl'da.n9 si ula �ran ncl",5tandar,ds ��,�
.�
rton Place Reom `]301 One, Ashbu
_ � ..
E3:o5tori N(assachus�ts 0148 F
,n .� ...
HOME I�MPROVEMENT,'CO'NTRACTOR '
- �T� Y+ I`_^ 4 Y G y I i ' { r
! Reg-i8tr�at10ni'l 1'0609 .ExRX.rat�I can. `,I11E}314Q' I �,1'A �
f Types �: PRLVATE CORPORAT IO
:HQME.IMPROVEMENT,CONTRACTOR '
: ; a
� Q6Q may,
v a nA�1 9r� � I Regstr tib
1. Type `PRIV E CQRPORATION
#a E rJAXTI.MER , Bl1 LAE_R,, ANC'." ,,,. .
, ;ERNE5T-' J JAXTIMER j ExpirWOr °1LYp31Q0
'48'- R05ARY,'.L.N
. HY,ANNISFE J:°JAXTIMER, BUILDER; INC , `
"*- �' ,�y LIME
t7 J I. ��p� ST JJAX R
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n
�HYANNIS�MA 02601�k-a?
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� BARNBfABLE,
*99 FEB 17 €'2 :34
Town of Barnstable THIS DOCUMENT HAS
Zoning Board of Appeals NOT BEEN RECORDED
Decision - Notice of Withdrawal FILE COPY ONLY!
Appeal Number 1999-17 -Egan
Variance to Section 3-1.3(5) -Bulk Regulations -Building Height
Summary: Withdrawn Without Prejudice
Petitioners: William A. Egan,Jr. and Constance Egan
Property Address: 676 Scudder Avenue, Hyannisport
Assessor's Map/Parcel: Map 287, Parcel 008
Area: 0.25 acre Building Area: 7,054 sq.ft.
Zoning: RF Residential F Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
The property that is the subject of this appeal is a 0.25 acre lot commonly addressed as 676 Scudder
Avenue in Hyannisport. It is improved with a two-story, 7,054 sq. ft. single family dwelling'. The property
is located in a RF-1 Residential Zoning District. The applicants are seeking permission to complete a
portion of the attic space above the second floor by the addition of dormers to provide two bedrooms, a
bath and stairway. The maximum allowable height of buildings in residential districts is 30' or 2 1/2
stories, whichever is lesser. Although a half story is permitted under the Zoning Ordinance, no definition
exists within the ordinance for a half story above grade.
The height of the applicants' home is approximately 26 feet from ground level to the plate of the proposed
attic dormers. The overall height of the structure from grade to the top of the ridge is approximately 30.3
feet. As proposed, the attic level could be considered either a half story or a full story, depending upon
how the Board defines a half story.
The Building Commissioner has denied a building permit for this proposal as defined in a letter dated
December 14, 1998 in which the Building commissioner states, "I regret to inform you that your application
to add a third floor to 676 Scudder Avenue, Hyannisport, must be denied. The reason for this denial is
because third floors are not allowed under our ordinances."
The petitioners are appealing this decision of the Building Commissioner and in the alternative are also
applying for a Variance to Section 3-1.3(5) Bulk Regulations- Building Height.
The applicants have applied for the following relief:
Appeal Number 1999-17-Variance to Section 3-1.3(5) Bulk Regulations to allow the completion
of a portion of the attic above the second floor by adding dormers and converting unfinished attic
space to two bedrooms, a bath and stairway.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
December 14, 1998. A public hearing before the Zoning Board of Appeals was duly advertised and
notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened February 03,
1999, at which time the Board, per request of the applicants, granted a Withdrawal Without Prejudice.
' According to Assessor's records dated 01/25/99
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal No. 1999-17-Egan
Variance to Section 3-1.3(5)-Bulk Regulations-Building Height
Hearing Summary:
Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Thomas
DeRiemer, and Chairman Emmett Glynn. Attorney John Alger represented the applicants, William and
Constance Egan. Also present was E.J. Jaxtimer, Builder. The applicant requested and the Board
agreed to hear the Appeal of the Building Commissioner's Decision in Appeal Number 1999-16 first and
then proceed on to the Variance requested in Appeal Number 1999-17.
In light of the vote in Appeal Number 1999-16 in which the Building Commissioner was overruled,
Attorney Alger requested Appeal Number 1999-17 be Withdrawn Without Prejudice.
Decision:
Per request of the applicant, a motion was duly made and seconded to allow Appeal Number 1999-17 to
be Withdrawn Without Prejudice.
The Vote was as follows:
AYE: Ron Jansson, Gail Nightingale, Gene Burman, Thomas DeRiemer, and Chairman Emmett Glynn
NAY: None
Order:
Appeal Number 1999-17 has been Withdrawn Without Prejudice.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty
(20)days after the date of the filing of this decision. A copy of which must be filed in the office of the
Town Clerk.
Emmett Glynn, Chairman Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify
that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no
appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this o day of / under the pains and penalties of
perjury.
Linda Hutchenrider, Town Clerk
2
"s
RefNo mappar ownerl owner2 addr city state zip
16
266 017 ANDERSON, DOROTHY M PARK PL BOX 583 HYANNISPORT MA 02647
[ 287 001 002 MCDERMOTT, THOMAS J & MCDERMOTT, MARYLOUISE P 76 LOVELL RD WATERTOWN MA 02172
287 002 LOUTREL, LOUIS F JR & DORA LOUTREL, WILLIAM F TR 1788 RLTY TRUST 323 SEABURY DR BLOOMFIELD CT 06002
287 003 RYAN, ELLEN B& BURKE,WM. TRS PEARL AVE RLTY TRUST 29 DAVIS AVE W NEWTON MA 02165
287 004 GILBERT, MARILYN M 3061 S E DOUBLETON DRIVE STUART FL 34997
287 005 LAUGHLIN, LEIGHTON CARIN LAUGHLIN 142 WINANT RD PRINCETON NJ 08540
287 006 NEWMAN, MARY F IRVING AVE HYANNISPORT MA 02647
287 007 SHANAHAN, JOAN D P O BOX 477 HYANNISPORT MA 02647
287 008 EAGAN, WILLIAM A JR 78 GROVE ST WELLESLEY MA 02181
287 009 CAREY, DENNIS M & JEANNE S P 0 BOX 1 HYANNISPORT MA 02647
287 010 WARREN, LAURIE A 41 OVERLEA RD HYANNISPORT MA 02647
287 043 WOODWELL, JOHN K JR& MARTHA WOODWELL, RICHARD H & LINDA 36 WYNCOTE RD HO HO KUS NJ 07423
287 044 CLARK, ROBERT W III & ALLEN, TONI K 5640 BENTBRANCH ROAD BETHESDA MD 20816
287 049 ANDERSON, DORIS T TR PETER C ANDERSON 229 E LAKE SHORE DR CHICAGO IL 60611
287 050 BLAIR, BARBARA %WEED, B MELLON BANK ONE MELLON BANK CENTER RM 3845 PITTSBURGH PA 15258
287 051 STEWART, NANCY P PARSHALL, C WARD 4 BREEZY POINT LITTLE SILVER NJ 07739
287 052 PETERS, RONALD E & LORI S 14 WACHUSETT AVE HYANNISPORT MA 02647
287 058 WINSHIP, SUSAN R % WINSHIP, PAUL PO BOX 4012 OLD LYME CT 06371
287 059 UNION CHURCH WACHUSETT AVE HYANNISPORT MA 02647
287 060 GRIGGS, NINA M, KRISTOFIK, K & %GRIGGS, NINA ET AL 380 STANWICH RD GREENWICH CT 06830
287 061 GRIGGS, NINA; KRISTOFIK, KATHR %GRIGGS, NINA 380 STANWICH RD GREENWICH CT 06830
287 062 GRIGGS, TERRELL M %GRIGGS, ELLEN W TR 3444 N SHEPARD AVE MILWAUKEE WI 53211
287 138 COOK, CORNELIA L BOX 207 HYANNISPORT MA 02647
287 139 LEWIS, FARLEY S & LEWIS, ELIZABETH M PO BOX 417 HYANNISPORT MA 02647
287 147 BUSSMANN, MARTIN & CLAUDIA 13, RUE NICOLAS MARGUE L-2176 GRAND-DUCHE LUXEMBOURG
287 155 CAREY, DENNIS M 658 SCUDDER AVE HYANNISPORT MA 02647
2
Proof of Publication
Town of Barnstable Zoning Beam of Appiale
Notice of Public Hearing Under The Zoning Ordinance .
for February 03.1999
To all persons interested in.or affected by the Board of Appeals under Sec. 11 of Chapter
40A of:the General Laws of the Commonwealth of Massachusetts,and all amendments
thereto you are hereby notified that:
7:30 P.M. Otto Appeal Number 1999-14
Frederick Otto has applied to the Zoning Board of Appeals for a Variance to Section 3.1.4
(5)Bulk Regulations.The applicant is seeking a Variance from the mlydmum 30 foot front yard
+ setback requirement to pemxt construction of a proposed garage to be located 20 feet from
i the front property line.The property is shown on Assessor's Map 030,Parcel 022 and is
I commonly addressed as 195 Lakeshore Drive,Marston Mills,MA in an RF Residential F
f - Zoning District --
7.45 Iyl.' utkowslii I Numbe 1999-15 `
-1.hand FrAAka Rt t'�cowski have.ap to`" Zoning of Appeals for a
Modification to Variance Number 1997-45 to permit the instanation of a proposed in-ground
swimming pool to encroach 10 feetlnto the minimum 20 feet front yard setback required by
Variance Number 1997A5.The property is shown on Assessors Map 045.Parcel 048 and
is commonly addressed as 120 Berry Hollow Drive,Marstons Mills,MA in an RF Residential
F Zoning District
8:00 P.M. Egan Appeal Number 1999.16
r Wiliam A. Egan, Jr. and Constance Egan have appealed the decision of the Building
i Commissioner as defined in a letter dated December.l4, 1998 in which the Building
I Commissioner states,'I regret to inform you that your application to add a third floor to 676
I Scudder Avenue,Hyannisport,must be denied.The reason for this denial is because third
I floors are not allowed under ourordinances'.The property is shown on Assessors Map 287,
Parcel 008 and is commonly addressed as 676 Scudder Avenue,Hyannisport,MA in an RF-
1 Residential F 1 Zoning District.
t 8:05 P.M. Egan Appeal Number 1999.17
William A.Egan,Jr.and Constance Egan have applied to the Zoning Board of Appeals fora
Variance to Section 3-1.3(5)Bulk Regulations.The Petitioner seeks permission to complete
a portion of the attic above the second floor by the addition of dormers to provide two
bedrooms,a bath and stairway.The property is shown on Assessors Map 287,Parcel 008
and Is commonlyaddressed as 676 ScudderAvenue,Hyannisport,MAinan RF-1 Residential
F-1 Zoning District.
8:30 P.M. Cabans Appeal Number 1999.18
i John Cabana has petitioned to the Zoning Board of Appeals for a Modification to Special
Permit 1997-129 3 1998-10A. The petitioner is seeking to extend termination date to
February 4.2000 as is permitted under MGL Chapter 40A,Section 9.The property is shown
on Assessors Map 311.Parcel 075 and Is commonly addressed as 157 Falmouth Road/
Route 28.Hyannis,MA in an HB Highway Business District
8:45 P.M. -Bearse Appeal Number 1999.19
Robert E.Bearse has appealed the decision of the Building Commissioner as defined in a
letterdated December 29,1998 in which the Building Commissionerstates,'it is ourposition
that the frontage you have on the State Highway is illusory and therefore not adequate or
practical.Additionally,the 20'wide easement to Cedar Street is not frontage and,therefore,
a building permit cannot be issued.'The property is shown on Assessors Map 131.Parcel
004 and is located off Cedar.Street in West Barnstable,MA in an RF Residential F Zoning
District L
8:50 P.M. Bearse. Appeal Number 1999-20
Robert E.Bearse has applied to the Zoning Board of Appeals for a Variance to Section 3-
1.4(5)Bulk Regulations.The Variance is requested to allow the Petitioner to use the locus
for one single family dwelling and accessory buildings including,without limitation,a bam.A
variance is necessary since the access to the parcel does not qualify as frontage,as defined
Ina letter from the Building Commissioner dated December 29,1998.The property is shown
on Assessors Map 131,Parcel 004 and is located off Cedar Street in West Bamstable,MA
in an RF Residential F Zoning District.
These Public Hearings will be held in the Hearing Room;Second Floor.New Town Hall,367
Main Street, Hyannis, Massachusetts on Wednesday. February 03, 1999. All plans and
applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable,
Planning Department,230 South Street,Hyannis,MA.
Emmett Glynn,Chairman
Zoning Board of Appeals
The Barnstable Patriot
January 14 8 January 21, 1999
f�
C� To ER�i
.�„�. _ FEB7 P 2 .33
Town of Barnstable THIS DOCUMENT HAS
Zoning Board of Appeals NOT BEEN RECORDED
Decision and Notice
FILE COPY ONLY!
Appeal Number 1999-16-Egan
Appeal Decision of Building Commissioner
Summary: Overruled Building Commissioner
Petitioners: William A.Egan,Jr.and Constance Egan
Property Address: 676 Scudder Avenue, Hyannisport _
Assessor's Map/Parcel: Map 287,Parcel 008
Area: 0.25 acre Building Area: 7,054 sq.ft.
Zoning: RF Residential F Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
The property that is the subject of this appeal is a 0.25 acre lot commonly addressed as 676 Scudder
Avenue in Hyannisport. It is improved with a two-story, 7,054 sq.ft. single family dwelling'. The property
is located in a RF-1 Residential Zoning District. The applicants are seeking permission to complete a
portion of the attic space above the second floor by the addition of dormers to provide two bedrooms, a
bath and stairway. The maximum allowable height of buildings in residential districts is 30' or 2 1/2
stories, whichever is lesser. Although a half story is permitted under the Zoning Ordinance, no definition ,
exists within the ordinance for a half story above grade:
The height of the applicants' home is approximately 26 feet from ground level to the plate of the proposed
attic dormers. The overall height of the structure from grade to the top of the ridge is approximately 30.3
feet. As proposed, the attic level could be considered either a half story or a full story, depending upon
how the Board defines a half story.
The Building Commissioner has denied a building permit for this proposal as defined in a letter dated
December 14, 1998 in which the Building commissioner states, "I regret to inform you that your application
to add a third floor to 676 Scudder Avenue, Hyannisport, must be denied. The reason for this denial is
because third floors are not allowed under our ordinances."
The petitioners are appealing this decision of the Building Commissioner and in the alternative are also
applying for a Variance to Section 3-1.3(5) Bulk Regulations-Building Height.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
December 14, 1998. A public hearing before the Zoning Board of Appeals was duly advertised and
notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened February 03,
1999, at which time the Board overruled the decision of the Building Commissioner.
Hearing Summary:
Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Thomas
DeRiemer, and Chairman Emmett Glynn. Attorney John Alger represented the applicants, William and
Constance Egan. Also present was E.J. Jaxtimer, Builder. The applicant requested and the Board
' According to Assessor's records dated 01/25/99
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal No.1999-16-Egan
Appeal Decision of Building Commissioner
agreed to hear the Appeal of the Building Commissioner's Decision in Appeal Number 1999-16 first and
then proceed on to the Variance requested in Appeal Number 1999-17.
Attorney Alger reported that the Building Commissioner will allow the applicants the right to build the
structure, but will not allow them to occupy the space-it must be left vacant. This is a two story dwelling
with an attic which is now used for storage only. The applicants would like to use that space for two
bedrooms and a bathroom. There is no walkout basement in this home.
Mr.Alger reminded the Board that two and one half story residential homes are allowed throughout town
but the Zoning Ordinance does not define a one half story. The applicants had waited before bringing this
request forward in hopes that Town Council would have made a determination regarding the definition of a
half story to be included in the Zoning Ordinance. That has not happened. There is a draft definition
currently before Town Council and Attorney Alger reported that this proposal would comply with that new
half story definition.
The subject property is 20 feet from the ground level to the plate. The Zoning Ordinance limits building
height to 30 feet to the plate and this structure is within the height limit in the ordinance. The applicants
want to add the dormers and use that space as habitable space making this a"classic"two and one half
story single family dwelling. The finished area will be less than 2/3rds of the floor below. This area is
what was traditionally allowed in the Town of Barnstable as a half story in a two and one half story house.
For clarification, E.J. Jaxtimer stated the height of the attic to the peek from the floor is approximately 11
feet. The dormer space will have a finished ceiling height of approximately 8 feet.
The Board was concerned that the Zoning Ordinance still lacks a definition for a half story. However, they
felt this situation could not continue. Something must be done to define a half story. The Board was
mixed as to whether to make up their own definition or again ask the town for guidance to make sure they
were doing the proper thing. Chairman Emmett Glynn suggested that since this house has an established
building height that is within the requirement of the Zoning Ordinance, and room for a habitable attic
space exists, a height limit could be made for that space by establishing the height from floor to ceiling to
not exceed 8 feet in height and a certain percentage(to be established) of the floor below. The Board felt
the Building Commissioner was"handcuffed" because the Zoning Ordinance does not define half story
`and perhaps if the Board establishes a definition-this definition could be incorporated into the proposed
ordinance before Town Council. There was still a concern by some Board Members because this would
set a precedent, but they were frustrated that nothing is being down by the Town. The Board debated
whether this appeal should be continued to allow the Zoning Subcommittee one last chance to come up
with a definition. However, the majority wanted to go ahead. Board Member Gail Nightingale wanted to
stress that she did not feel this would set a precedent.
Public Comments: No one spoke in favor or in opposition to this appeal.
Findings of Fact:
At the hearing of February 03, 1999, the Board unanimously found the following findings of fact as related
to Appeal No. 1999-16:
1. The petitioners are William A. Egan, Jr. and Constance Egan. The property in issue is 676 Scudder
Avenue, Hyannisport, MA as shown on Assessor's Map 287, Parcel 008. The site is 0.25 acres and
located in the RF Residential F Zoning District and the AP-Aquifer Protection Overlay District. There
is an existing a single family structure dating back to the 1860s.
2. The building, in terms of overall height, is approximately 30.3 feet to the top of the ridge line. The
building is approximately 20 feet from ground level to the plate.
3. There is space between the plate and the ridge line in which the petitioner is seeking to construct
dormers to provide two bedrooms, a bath and stairway and to otherwise render the space occupiable.
4. The Zoning Ordinance permits, in residential districts, a residence to be built not to exceed the height
of 30 feet or two and one half stories, whichever is lesser.
2
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal No.1999-16-Egan
Appeal Decision of Building Commissioner
5. The proposed use of the space above the second floor would constitute a half story. In defining the
half story, it shall be considered that a half story is that space in a residential dwelling which exists
above the plate line but below the ridge line in an area commonly called the attic space and for
purposes of being occupiable the ceiling line shall not extend from the second floor line a height
greater than eight(8)feet nor shall the floor area of the space exceed 60%of the gross floor area
immediately below the"so-called" half story.
6. This definition being proposed tonight is given in view of the Town's inability (over an extended period
of time)to come up with a definition of a half story.
7. There are several structures throughout the Town of Barnstable that have half stories due to our
unique form of New England architecture.
Note: The Board did not address the issue of full/partial basement.
Decision:
Based on the findings of fact, a motion wd's duly made and seconded to overrule the decision of the -
Building Commissioner. This decision is being made with the knowledge that the Town lacks a definition
of a half story.
The Vote was as follows:
AYE: Ron Jansson, Gail Nightingale, Gene Burman, Thomas DeRiemer, and Chairman Emmett Glynn
NAY: None
Order:
In Appeal Number 1999-16,the Building Commissioner has been Overruled.
Appeals of this decision, if any, shall be made pursuant to.MGL Chapter 40A, Section 17, within twenty
(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the
Town Clerk.
Emmett Glynn, Chairman Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify
that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no
appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this — d y of under the pains and penalties of
perjury.
i
Linda Hutchenrider, Town Clerk
3
fNo mapper ownerl owner2 addr dt3' state zip
286 017 ANDERSON, DOROTHY M PARK PL BOX 563 HYANNISPORT MA 02647
287 001 002 MCDERMOTT, THOMAS J b MCDERMOTT, MARYLOUISE P 76 LOVELL RD WATERTOWN MA 02172
287 002 LOUTREL, LOUIS F JR G DORA LOUTREL, WILLIAM F TR 1788 RLTY TRUST 323 SEASURY DR BLOOMFIELD CT 06002
287 003 RYAN, ELLEN B& BURKE,WM. TRS PEARL AVE RLTY TRUST 29 DAVIS AVE W NEWTON MA 02165
287 004 GILBERT, MARILYN M 3061 S E DOUBLETON DRIVE STUART FL 34997
287 005 LAUGHLIN, LEIGHTON CARIN LAUGHLIN 142 WINANT RD PRINCETON NJ 08540
287 006 NEWMAN, MARY F IRVING AVE HYANNISPORT MA 02647
287 007 SHANAHAN, JOAN D P 0 BOX 477 HYANNISPORT MA 02647
287 008 EAGAN, WILLIAM A JR 78 GROVE ST WELLESLEY MA 02181
287 009 CAREY, DENNIS M & JEANNE S P 0 BOX 1 HYANNISPORT MA 02647
267 010 WARREN, LAURIE A 41 OVERLEA RD HYANNISPORT MA 02647
287 043 WOODWELL, JOHN K JR& MARTHA WOODWELL, RICHARD H 6 LINDA 36 WYNCOTE RD HO HO KUS NJ 07423
287 044 CLARK, ROBERT W III & ALLEN, TONI K 5640 BENTBRANCH ROAD BETHESDA MD 20816
287 049 ANDERSON, DORIS T TR PETER C ANDERSON 229 E LAKE SHORE DR CHICAGO IL 60611
287 050 BLAIR, BARBARA %WEED, B MELLON BANK ONE MELLON BANK CENTER RM 3845 PITTSBURGH PA 15258
287 051 STEWART, NANCY P PARSHALL, C WARD 4 BREEZY POINT LITTLE SILVER NJ 07739
287 052 PETERS, RONALD E & LORI S 14 WACHUSETT AVE HYANNISPORT MA 02647
287 058 WINSHIP, SUSAN R % WINSHIP, PAUL PO BOX 4012 OLD LYME CT 06371
287 059 UNION CHURCH WACHUSETT AVE HYANNISPORT MA 02647
s
287 060 GRIGGS, NINA M, KRISTOFIK, K b %GRIGGS, NINA ET AL 380 STANWICH RD GREENWICH CT 06830
287 061 GRIGGS, NINA; KRISTOFIK, KATHR %GRIGGS, NINA 380 STANWICH RD GREENWICH CT 06830
287 062 GRIGGS, TERRELL M %GRIGGS, ELLEN W TR 3444 N SHEPARD AKE MILWAUKEE WI 53211
287 138 COOK, CORNELIA L BOX 207 HYANNISPORT MA 02647
287 139 LEWIS, FARLEY S & LEWIS, ELIZABETH M PO BOX 417 HYANNISPORT MA 02647
287 147 BUSSMANN, MARTIN & CLAUDIA 13, RUE NICOLAS MARGUE L-2176 GRAND—DUCHE LUXEMBOURG
287 155 CAREY, DENNIS M 658 SCUDDER AVE HYANNISPORT MA 02647
2
f
Proof of Publication
- rawM ofBini:b.w.Zm**BoaoaiffAVpinb
�
flier Mmuery 03r.1filsoY -
To al persons interested in,or affected by the Bond dAppeds undwSea 11 of Chapter
4M of the General Laws of the Commomwaelth,of Masseehuaetm,and all amendments
r thereto you are herehynotlfled that -
7.30 P.M. Otto Appeal Number 1999.14
I Frederick Otto has applled-to tha Zoning Board of Appeals for a Verlerres to Section 3-1 A-
! CS)&dkRegiimone.The4VicwAioseditaVaftnpefnxndwmk*mm3Dfvdh=tyad
setback requirement to permit con*uctlon of a proposed garage tD be,,rated 20 fed fnmr
1 the hord properly fine.The property is sham on Assessor's Map 030,Parcel on and is
1 ooranordyaddressed as 195 Ldmh. re Drive,Marston,Lifffe_.MA In an RF-Reaidentiel F
,1nklIGI��11 tlao�rg a a
h firFrhT.hind FJL Rti6wvrdd have eppisd 'the d
for
Madill, to Valence Number 1 t197.45 to �^ti8� Appeals a
permt Mrs insteletiorh of a proposed irFgrouhd
@winning pool to encroach 10 feet kht dw minimum 20 feet frorit yard setback required by
Variance Number 1997.45.The property is shown on Assessors Mep 045.Parcel 048 and
Is commonly addressed as 120 Barry Hollow DrNe.Meratone Mills.MA In an RF Residential
FZantnb District.
I &W P.M.- Egen Apped Number 1999.16
h William A. Egan.Jr and Constance Egon have appealed the decision of the Building =
I CorrdWssloner se defined In a letter dated December.14. 1998 In which the Building'
I. Con misalwer states.9 regret to inform you that yourappicetion to wide third floorto 676
l ScudderAversre..Hywr i Vwt,roost be dented:The reason for this denial is because third
1 'floorearenctalowedunderourordinanees'. shownanAssessara Map 287.
Paroe1008 and is carnrrhorrlyaddressed as 616 ScudderAvenue.Hyemadsport.MA in an RF
1 Residential F 1 Zoning District.
r &05 P.M. Appeal Number 1999.17
WANem A Egan.,k.anddCConstahoe Egan have applied to the Zcring.Boerd of Appeals fora
Varienc�e to Section 3-1-MM"Reguletions.The Petitionerseam permission to complete
a portion of the attic above the eeegrhd'floor by the eddiion of dormers to provide two
bedrooms:a bath and stairway.The property is shown on Assessors Map 287.Parcel006
amWlsc g w we,
ad&msedas676SdderAverflyarrfspmLMAinenRF1 Residential
8;30.P.14 Cabana Appeal Number 1999.18'
I John Cabana has petitioned to the Zoning Board of Appeals for a AAoddiea.- to special
1997-129 3 1998 t0A The petitioner seeldn8 to.erdend tenhinsom deft to
FeMuary4.2000es is pemd teduhderMGLChapter40k Section 9.The property is shorrn•
on Assessors Mep,311.Pavel 075 and is comrrronly addressed as 157 Falmouth Road/
Route 28.Hyannis.MA in an HB Highway.Business District.
8.45 P.M. Bearse Appeal Number 1999-1a
Robert E Bastes has appealed the decision of the Building Commissioner as defined in a
letterdeted December29,19%in which the Building Comrrisslonerstates.'It is ourposition
that the frontage you have on the State Highway is illusory and therefore not adequate or
practical.Additionally,the 20'wide easement to Cedar Street is not frontage and,therefore,
a building permit cannot be issued.'The property is shown on Assessors Map 131,Parcel
004 and is located off Cedeb Street In West Barnstable.MA In an RF Residential F Zoning
Distria u
8:50 P.M. Besse. Appeal Number 1999.20
Robert E.Besse has appliad to the Zwft Board of Appeals for a Variance to Section 3-
1.415)Built Regulations.The Variance is requested to allow the Pebitloner to use the brae
' for one single family dwelling and accessory buildings indud%without limitation.a bem.A
variance is necessary since the access to the parcel does not qualify as frontage,as defined
in a letterfrom the Building Commissioner dated December 29,1998.The property is shown
on Assessor's Map 131,Parcel 004 and is located off Cedar Street in West Barnstable,MA
in an RF Residential F Zoning District.
These Public Hearings will be held in the Hearing Room:Second Floor,New Town Hall,367
Main Street,Hyannis, Massachusetts on Wednesday, February 03. 1999.All plans and
applications may be reviewed at the Zoning Board of Appeals Office.Town of Barnstable.
Planning Department,230 South Street.Hyannis.MA.
Emmett Glynn,Chairmen
Zoning Board of Appeals
The Barnstable Patriot
January 14 3 January 21.1999
: 1
a� Town of Barnstable
Planning Department
Staff Report
Egan
Appeal Number 1999-16-Appeal Decision of Building Commissioner
Appeal Number 1999-17-Variance to Section 3-1.3(5)-Bulk Regulations-Building Height
Date: January 25, 1999
To: Zoning Board of Appeals
From: � lA-�� ��•.
Approved By: Jackie Esten, Principal Planner
Reviewed By: Art Traczyk, Principal Planner
Drafted By: Alan Twarog, Associate Planner
Petitioners: William A. Egan,Jr.and Constance Egan
Property Address: 676 Scudder Avenue, Hyannisport
Assessor's Map/Parcel: Map 287, Parcel 008
Area: 0.25 acre Building Area: 7,054 sq.ft.
Zoning: RF Residential F Zoning District
Groundwater Overlay: AP Aquifer Protection District
Filed:December 14, 1998 Hearing:February 3, 1999 Decision Due:March 24, 1999
Background:
The property that is the subject of these appeals is a 0.25 acre lot commonly addressed as 676 Scudder
Avenue in Hyannisport. It is improved with a two-story, 7,054 sq. ft. single family dwelling'. The property is
-located in a RF-1 Residential Zoning District. The applicants are seeking permission to complete a portion of
the attic space above the second floor by the addition of dormers to provide two bedrooms, a bath and
stairway. The maximum allowable height of buildings in residential districts is 30' or 2 1/2 stories, whichever
is lesser. Although a half story is permitted under the Zoning Ordinance, no definition exists within the
ordinance for a half story above grade.
The height of the applicants' home is approximately 26 feet from ground level to the plate of the proposed
attic dormers(see the attached floor plans and elevations). The overall height of the structure from grade to
the top of the ridge is approximately 30.3 feet. As proposed, the attic level could be considered either a half
story or a full story, depending upon how the Board defines a half story.
The Building Commissioner has denied a building permit for this proposal as defined in a letter dated
December 14, 1998 in which the Building commissioner states, "I regret to inform you that your application to
add a third floor to 676 Scudder Avenue, Hyannisport, must be denied. The reason for this denial is because
third floors are not allowed under our ordinances."
The petitioners are appealing this decision of the Building Commissioner and in the alternative are also
applying for a Variance to Section 3-1.3(5) Bulk Regulations-Building Height.
Requested relief:
The petitioners have applied for the following zoning relief:
Appeal Number 1999-16-the applicants are appealing the decision of the Building Commissioner to
deny a building permit as defined in a letter dated December 14, 1998, in which the Building
Commissioner States"I regret to inform you that your application to add a third floor to 676 Scudder
Avenue, Hyannisport, must be denied. The reason for this denial is because third floors are not
allowed under our ordinances."
' According to Assessor's records dated 01/25/99
Town of Barnstable-Planning Department-Staff Report-Egan V
Appeal No. 1999-16-Appeal Decision of Building Commissioner
Appeal No. 1999-17-Variance to Section 3-1.3(5)-Bulk Regulations-Building Height
Appeal Number 1999-17-the applicants have applied for a Variance to Section 3-1.3(5) Bulk
Regulations to allow the completion of a portion of the attic above the second floor by adding
dormers and converting unfinished attic space to two bedrooms, a bath and stairway.
Staff Review/Comments:
Currently, there is an unfinished attic in the subject dwelling consisting of 1,568 sq. ft. of space, according to
assessor's records dated 01/25199. The applicants are proposing to add a dormer on two sides of the attic
and convert approximately 875 sq. ft. of unfinished space to habitable space by adding two bedrooms, a bath
and a stairway. The proposed dormers will be under the existing height of the dwelling by approximately one
foot. The submitted elevations show a distance of 6.5 feet between the plate of the second floor and the
plate of the proposed dormers.
In January of 1998, the Zoning Board of Appeals, in response to the number of half story appeals before
them, requested the Local Comprehensive Plan Implementation Committee(LCPIC)and Town Council
amend the Zoning Ordinance to address the half story issue. The Planning Department, in conjunction with
the LCPIC, has drafted a proposed zoning amendment, which is scheduled to be heard by Town Council
within the next few months. The proposed amendment drops the half story from the residential bulk
requirements and changes all residential height limitations to 2 stories or 30 feet, whichever is lessor. It also
allows either a finished habitable attic or a habitable basement in addition to two stories, but not both (see
attached copy of proposed amendment).
The proposed amendment defines a habitable attic as"The habitable portion of a single-family dwelling
located between the upper surface of the ceiling beams of a story and contained within a gabled roof, having
side walls no greater than 4 feet in height, except for gabled ends, and containing no more finished habitable
square footage than 2/3rds of the floor area immediately below. The roof that encloses a habitable attic may
have dormers and may provide access to exterior decks provided that exterior decks count as square footage
in the 2/3`ds area calculation."
From the submitted floor plans, it appears that approximately 875 sq. ft. of unfinished attic space is proposed
to be converted to habitable space. This is under 2/3rds of the floor area immediately below which is 1,568
sq. ft.2 It is not clear from the submitted plans how high the proposed side walls will be. The applicant
should be prepared to provide the Board with this information. Depending on the proposed height of the side
walls, this proposal may be permitted as-of-right under the proposed zoning amendment.
Variance:
In consideration for the Variance, the Petitioners must substantiate those conditions unique to this lot that
justify the granting of the relief being sought.
In granting of the Variance the Board must find that:
• unique conditions exist that affect the locus but not the zoning district in which it is located,
• a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship,
financial or otherwise to the petitioner, and
• the relief may be granted without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Zoning Ordinance.
2 According to Assessor's records dated 01/25/99
2
r
Town of Barnstable-Planning Department-Staff Report-Egan
Appeal No. 1999-16-Appeal Decision of Building Commissioner
Appeal No. 1999-17-Variance to Section 3-1.3(5)-Bulk Regulations-Building Height
ff
Suggested Conditions:
If the Board should find to.grant the requested Variance, they may wish to consider the following conditions-
1. The attic level shall be developed in accordance with the submitted plans, copies of which are in the file.
2. The attic level shall be limited to no more than 875 sq. ft. of habitable space for single-family residential
use only.
3. The attic floor shall not be used as a separate apartment unit.
4. No external stairways shall be permitted to/from the attic floor.
_-5. The basement level shall remain unfinished unless further relief is obtained from the Zoning Board of
Appeals.
6. The locus shall comply with all regulations of the Health and Building Divisions.
SO
Attachments: Applications
Assessor Map/Card
Elevations&Floor plan
December 14;1998 letter from Building Commissioner
Proposed Zoning Amendment
Copies: Petitioners
3
k
THE ZONING RELIEF'BEING SOUGHT HAS
BEEN DETERMINED BY THE ZO
TOWN OF BARNSTABLE ENTORMIENT OFFICE$
Zoning Board_of Appeals BE APPROPRIATE E
CIRCUMSTANC
Application, for`other Powers. .
Date Received °� _., :+ ] ;,For office use onl :
Town Clerk Office. Appeal # 9 -�
Hearing Date .0K
EC '1 404 ,. Decision Due
The undersigned herely applies to the Zoning Board of Appeals for the reasons
indicated: XM 6F MWABLE
APPERV
Applicant Name: William A. Egan, Jr. and Constance , Phone
Egan
Applicant Address: 78 Grove St. , Wellesley. MA 02191
Property Location: 676 Scudder Avenue, Hyannisport, MA
This is a request for:
[J Enforcement Action
[] Appeal of Administrative .Officials .Decision
[] Repetitive Petitions
[ Appeal from the Zoning Administrator
[] other General Powers - Please Specify:
Please Provide the Following information (as applicable):
Property owner: Same as applicant , Phone
Address of owner:
if applicant differs from owner, state nature of interest:
Assessor's Map/Parcel Number 28718
Zoning District RF-1
Groundwater overlay District
Which section(s) of the Zoning ordinance and/or of MGL Chapter 40A are you
appealing to the Zoning Board of Appeals? 1&3,.1-3) 5) - Bulk Regulation - M xim„m
Building Height.
Existing Level of Development of the Property - Number of Buildings: 1
Present Use(s) : Single family residence Gross Floor Area: 7054 sq. ft.
Application for Other Powers
Nature & Description of Request: Petiioner seeks to finish a portion of the
attic on two story colonial residence to provide two bedrooms and bath. Light
to be provided by dormers, all of which are below the peak of the roof. Petitioner
believes it complies with 2j story limitation of Section 3-1.3 3) 5) .
Attached separate sheet if needed.
Is the property located in an Historic District? Yes [] No P]
If yes OKH Use Only.
Plan Review Number
Date Approved
Is the building a designated Historic Landmark? Yes [ ] No [�
if yes Historic Preservation Department Use Only:
Date Approved
Has a building permit been applied for? Yes No []
Has the Building Inspector refused a permit? Yes [A No []
Has the property been before site Plan Review? Yes [] ' No [3j
For Building Department Use only:
Not Required - single Family []
site Plan Review Number
Date Approved
signature:
The following information must be submitted with the application at the
time of filing, failure to supply this may result in a denial of your
request:
Three (3) copies of the completed application form, each with
original signatures.
Three (3) copies of all attachments as may be required for standing
before the Board and for clear understanding of your appeal.
The applicant may submit any additional supporting documents to
assist the Board in making its determination.
William A. Egan, J an onstance gan
or
?7//V/%r
signature: B : Date: /
App can ' oriegpent's ignature:
86 Main Street, P.O. Box 449 phone: (508) 428-8594
Agent's Address:
Osterville, MA 02655 (508) 420-3162
Fax No.
The Town of Barnstable
NAM
. • snarrer,+e�s, •
,� Department of Health, Safety and Environmental Services
" Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 - = Ralph Crossen
Fax: 508-790-6230 Building Commissioner
D
DEC 1998
December 14, 1998
TOWN OF BARNSTABLE
%n*im.r OFAPPEW
John R. Alger
886 Main Street .
PO Box 449
Osterville,MA 02655
Re: 676 Scudder Avenue,Hyannisport(287 008)
Dear John:
I regret to inform you that your application add a third floor to 676.Scudder Avenue,
Hyannisport,must be denied. The reason for this denial is because third floors are not
allowed under our ordinances.
If you would like to file for a variance or appeal this decision, I will be more than happy
to help.
Sincere,
Ralph M. Crossen
Building Commissioner
RMC/lbn
cc: Planning Department
Q981214a
BAG SOZ�GH?IiAS
,,. THE ZONIIIGRRE �BY THE
s BEEN DETE OFF11,,ER TO
ENFO CEI"E"ATE RELIEF GIVi..+ ,,:-1E
NT
NT
� UTp„yCES
8EC`I 4 IJ98 RC
TOWN OF BARNSTABLE _
E �` • ZOn,tII p
4 of, Appeals
�y4 i
, .,114 OF BARNrSTABpLcEA r ADAlicatioz'to etiticrn for a Variance
—Date Received
Town Clerk office. For office use Only':
Appeal # /
Hearing Date -
Decision Due � �
The undersigned hereby applies to the Zoning
Board
peals for a Var"
the Zoning ordinance, in the manner and for the eas nsphereinafter setlforthfrom
Petitioner Name: William A. Egan, Jr. 4 Constance Egan � phone
Petitioner Address: 78 Grove Straet, Wellesley, MA 02181
Property Location: 676 Scudder Avenue, Hyannisport, MA
Property Owner: Same as applicant
Address of Owner: Phone
If petitioner differs from owner, state nature of interest:
Number of Years owned: Since 1985
Assessors Map/Parcel Number: 287/8
Zoning District: RF-1
Groundwater Overlay District:
Variance Requested: y3,.1#3) 5) Bulk Regulations - Maximum height
Cite section 6 Title of the Zoning Ordinance
Description of Variance Requested: Petitioner seeks permission to complete portion .
of attic above second floor by addition of *dormers to provide two bedrooms and bath
with stairway, as per plan.
Description of the Reason and/or Need for the Variance: Property is located on a
.25 acre parcel and has colonial house which has existed on site since 1860. Because
of shape of lot, there.isno room to add on ground level and to allow construction upwards
would be Simi ar -13 t e construction on a joining lots in t e neighborhood. ee s eet
Discription of construction Activity. (if applicable) :
To complete story above second floor for bedrooms for children and members attached)
of the family.
Existing Level of Development of the Property - Number of Buildings: 1
Present.,Use j; Single family residence 7054
Gross Floor Area: sq.ft.
Proposed Gross Floor Area to be Added: , None 1568
Altered:
Is this property subject to 7 any other relief (Variance or special Permit) from
the Zoning Board of Appeals?:` :
If Yes, please list annon7 .,,..,.a.___ Yes f 1 No &t
V
Description of the Reason and/or Need for the Variance (Continued) :
It is an antique house and to modify it in this way would be in keeping with
its design.
f
Y
Application to Petition for a Variance
Is the property within a Historic District?
Is the Yes [] No [CJ
property a Designated Landmark? - Yes
[-] No �c]
For Historic Department use only:
Not Applicable ........,.......
oKH Plan Review Number []
Date Approved
Signature:
save you applied* for a .building permit?
Has the Building Inspector refused a permit? Yes ] No []
Yes No []
All applications for a Variance which proposes a change in use, new
construction, reconstruction, alterations or expansion, except for single
or two-family dwellings, will require an approved site Plan (see Section 4-
7.3 of the Zoning ordinance) . That process should be completed prior to
submitting this application to the Zoning Board of Appeals.
For Building Department use only:
Not Required []
Site Plan Review Number
Date Approved
Signature: ,
The followings information must be submitted with the Petition at the time
Of filing, without such information the Board of Appeals may deny your
request:
Three (3) copies of the completed Application Form, each with
original signatures.
Five -(5) copies of a certified property survey (plot plan) showing
the dimensions of the land, all wetlands, water bodies,. .surrounding
roadways and the location of the existing improvements on the. land.
All proposed development activities, except single and two-family
housing development, will require five- (5) copies of a proposed site
improvements plan approved by the site Plan Review Committee. This
plan must show the exact location of all proposed improvements and
alterations on the land and to structures. see Contents of site
Plan:" Section. 4-7.5 of the Zoning ordinance, for detail
requirements.
The petitioner may submit any additional supporting documents to
assist the Board in making its determination.
William A. Egan, Jr. d don stance Ega
Signature: By:
Date:
Peti over O�Agent•s gnature
886 Main Street, P. 0. Box 449
Agent's Address: Osterville, MA 02655 508-428-8594
Phone.
Property Location: 676 SCUDDER AVE MAP M: 287/ 008/
Other M. Bldg#: l Card 1 of 1 Print Date:01/25/1"9
esc p on Appralred value Assessed value
8 GROVE ST
SMNTL 1010 174 174,50 801
LLESLEY,MA 02181 IDNTL 1010. 8,4 8,40 BARNSTABLE,MA
oun an
ax Dist 400 Land Ct#
er.Prop. #iR VISION
Life Estate
L 1 Notes:
DL 2
oi7l'Au J 1,7,U(
ONE
r. Codel Assessedvalue r. o value z Gode Assessed Value
GAN,WILLIAM A JR&CONSTANCE RYAN 4414/331 2/15/8 Q I 250,00
ONNOLLY,WALTER J ETAL 4414/336 2/15/8 U I I A
ONNOLLY,WALTER J ETAL 1323/192 Q
o Tota J44,51M--Tow.. 344tat"
na re a ow ges a tns y a o or or sensor
ear esc p on mown c e Description Humver moon PER n.
Appraised Bldg.Value(Card) 170,100
Appraised XF(B)Value(Bldg) 4,400
Appraised OB(L)Value Bldg) 9,400
° Appraised Land Value(B dg) 188,300
Special Land Value 0
Total Appraised Card Value
Total Appraised Parcel Value 371,200
Valuation Method:
Cost/Market Valuation
o11 AppmisedValue
remur 7Dssue a e e esc p on 1.55menis a e rpos es
i
n jm -use o esnp on zone Frontage Depth m Price c or o es value
I lulu e am , .
Tow hnd n hml LandVar. ,
� I
Property Location: 676 SCUDDER AVE MAP LDr 287/ 008/
Other M. I Bldg#: 1 Card 1 of 1 Print Date:01/25/1999
Element escrrp on omme eme
-type olonial Elementescnp on
ode] I esidential t&&AU OkTIFUS115
de - rame Type BAS[38]
toriea .2 Stories w/Un aths/Plumbing
ccupancy 0 eiling/Wall
oms/Prtns
or Well 1 4 ood Shingle o Common Wall 16 16
2 all Height 14 PTO 0
f Structure GableMp
f Cover 3 ph/F Gls/Cmp
nterior Wall I 8 Typical a es n ac or SAS
2 UBM 20
or Floor 1 0 TypicalP cx 6
2 oor Adj
it Location
eating Fuel 2
eating Type 9 fell umber of Units
C Type 1 one umber of Levels
/o Ownership Ep
edrooms 6 Bedrooms
athrooms Bathrooms 0 0
0 Fall Mg 1
otal Rooms 1 1 Rooms ize Adj.Factor .89267
Bath Type e(Q)Index 32
YP dj.Base Rate 6.56
Kitchen Style ldg.Value New 18,039 16 FOP
ear Built 860
Year Built 965
rrrtl Physcl Dep 2 32
uncnl Obslnc
on Obi
pecl.Cond.Code a
e escn on ercen e" Peel Cond% 0
ng a am erall%Cond. 8
eprec.Bldg Value 70,100
I
God
e es peon
1-117 Sty
FGR3 araepge-Good L M 27.011 1975 1 100 8,4011
o e Descnpirlon LINng Area s rea rea n s eprec. value
Floor
FEP oreh,Enclosed,Finished �17 �12 39.5 6M
FOP arch,Open,Finished 3 6 113 3,62
FUS Peer Story,Finished 1,56 1,56 1156 56.5 M6
PTO atio 25 2 5.6 1,41
UAT ttic,Unfinished 1,56 15 5.6 8,88
UBM asement,Unfinished 1,56 31 113 17,7611
I
toss ease tea g Val.I zia,uj!
AGENDA ITEM SUMMARY
98-
TO: Town Council
FROM: Jaci Barton, Chairman
Local Comprehensive Planning Implementation Committee (LCPIC)
DATE: October 07,1998
SUBJECT: Proposed Zoning Amendment- Half Story
BACKGROUND
Over the last two years, the issue of a half-story has come to the forefront in zoning.
Bamstable's Zoning Ordinance is silent as to a definition of a half story and the State
Building Code dropped its references and definition of a half story several years ago. In
January of 1998, the Zoning Board of Appeals, in response to the number or half story
appeals before them, requested the LCPIC and Town Council amend the Zoning
Ordinance to provide a definition to address the half story issue.
Half stories are permitted in all of the Residential Zoning Districts only and are not found
in any Office,,Commercial or Industrial Zoning Districts.
The proposed amendment is generated only to attempt to resolve the 112 story definition
problem contained within the Zoning Ordinance. The issue of height is not effected by
this amendment and is retained at 30 feet to the plate.
ANALYSIS
The Local Comprehensive Planning Implementation Committee.(LCPIC) determined
that the overall objective in having a 2 and 'i2 story limitation in all residential districts
was to permit a two story home with either a walkout basement or a habitable attic
space, but not both. This objective was set by the committee in an attempt to assure
that four living levels would not be permitted.in residential dwellings.
In analysis of this issue, it should be noted that the existing zoning definition of story,
causes a basement 'i2 or more exposed above grade to be considered a full story.
The proposed amendment has been reviewed and approved by the Building
Commissioner on July 14, 1998 and was reviewed by Town Attomey on October 01,
1998.
FISCAL IMPACT - Not Applicable
TOWN MANAGER RECOMMENDATION
The Town Manager recommends passage of this Amendment after all issues raised at
the public hearing have been addressed.
STAFF ASSISTANCE:
Art Traczyk, Principal Planner, Planning Department
BARNSTABLE TOWN COUNCIL
ITEM NO.:
INTRO.:
ORDERED
That Chapter III, Article III of the Town of Barsnatble Ordinances is hereby amended by
deleting all Bulk"*" references in Residential Districts; -Sections 3-1.1 (5), 3-1.2 (5), 3-
1.3 (5), 3-1.4 (5), 3-1.5 (5), 3-1.6 (4) and 3-1.6 (5), all of which read as follows:
"* or two and one-half(2-1/2) stories whichever is lesser."
and to insert in place of the following, in Sections 3-1.1 (5), 3-1.2 (5), 3-1.3 (5), 3-1.4 (5),
3-1.5 (5), 3-1.6 (4) and 3-1.6 (5):
* Or two (2) stories, whichever is lesser. However, for the purposes of zoning,
in all residential districts, either a finished habitable attic or a habitable basement
shall be permitted in addition to the two stories but, in no instance shall both a
finished habitable attic and a habitable basement, that does not constitute a
story, be permitted.
and to add to Section 7, Definitions-in appropriate alphabetical order, a definition of
Habitable Attic and Habitable Basement to read as follows:.
Habitable Attic: The habitable.portion of a single-family dwelling located
between the upper surface of the ceiling beams of a story and contained within a
gabled roof, having side walls no greater than 4 feet in height, except for gabled
ends, and containing no more finished habitable square footage than 2/3 ds of
the floor area immediately below. The roof that encloses a habitable attic may
have dormers and may provide access to exterior decks provided that exterior
decks count as square footage in the 2/3`ds' area calculation.
Habitable Basement: A basement having seven foot, three inches (7'-3")
finished headroom, a walkout capability on at least one side and legally entitled
to a permit to finish the space under the building code.
Sponsor: Local Comprehensive Planning Implementation Committee
DATE ACTION TAKEN
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINALS)
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:y THE
: . The Town of Barnstable
MAM
Department of Health, Safety and Environmental Services
'mac N►o►+" Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
December 14, 1998
John R. Alger
886 Main Street
PO Box 449
Osterville, MA 02655
Re: L6L7-6 Scudder Avenue,_Hyannisport_(287 008)
Dear John:
I regret to inform you that your application add a third floor to 676 Scudder Avenue,
Hyannisport,must be denied. The reason for this denial is because third floors are not
allowed under our ordinances.
If you would like to file for a variance or appeal this decision,I will be more than happy
to help.
Sincere,
Ralph M. Crossen
Building Commissioner
RMC/lbn
cc: Planning Department
J
0
Q981214a
Zoning Amendments, TC item #99-028, Half Story
Proposed Definition, as submitted by the Building Commissioner, with
modifications
To amend the existing Definition of Story, in Section 7, Definitions, as
follows: _
4
Story: That portion of a building included between the upper surface of a the
floor or slab and the upper surface of the floor or surface feef next above
comprised of legal height and area and being hav+ag at least one-half (1/2) its
height above grade.
To insert in Section 7, in appropriate alphabetical sequence, the Definition
of a Half Story as follows:
Half Story: That portion of a dwelling above the second level, within a sloped
roof with sidewalls not more than four feet high, not to exceed 66.6% of the floor
next below.
/L ��