Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
0362 SOUTH STREET
® 9 Y� 7- 77 y I f i S I i I r7 .ks^ ;;: # - ,.„„£ z ^e t ,.. y « a � � '. Appeal or Pet No 1992 049 "' Appeal Special Permit rmi Status , Not Family Apt ew;�v` a`#r + ,s r ar K ^ Last. „> . First m - P Applicant:. 'IWhite Allen J. f Addr: ' PO Box 979 . Addr2: 362 South Street Village k Hyannis MA 02601 ,Aff Received 1 01/22/2007 MapPar a 308098 g�� Zoning .; RB1 .p�+:. .Y< '... Decision REGULATORY AGREEMENT 12/14/07 2 UNITS `,t . �. Notes �.Apt was for Eden White(daughter)David White(son) 2/5/08 k 1 note,Regulatory Agreement 10/25/07 to turn property into 244 tP 1* F Close 4', a"�, " ,�.'.„�" ;, " r pJra .: v..zh`£ .' a ' y r CI • . Btu 22539 Ps 2B 1 -71171 12--�.4•-2t7�t17 01 �3� 1 1 a? REGULATORY AGREEMENT 362 SOUTH STREET,HYANNIS This regulatory agreement("Agreement")is entered by and between the developer,Allen J.White,Trustee, 362 South Street Realty Trust,("Deve per")and the Town of Barnstable("Town"), a municipal corporation, on thisday of��,2007 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; WITNESS: WHEREAS, the Developer under this Agreement will contribute public capital facilities to serve the proposed development and the municipality or both; WHEREAS this Agreement shall establish the permitted uses; densities, and traffic within the Development,the duration of the agreement,and any other terms or conditions - mutually agreed upon between the Developer and.the Town. WHEREAS this Agreement shall vest land use development rights in the property for the duration of the agreement; and such rights shall not be subject to subsequent changes in local development ordinances, with the exception of changes necessary to protect the public health, safety or welfare. WHEREAS,the Town is authorized to enter into this Agreement pursuant to Chapters 168 and 240 of the Barnstable Code. WHEREAS the Developer is the legal owner of the property("Property")at 362 South Street,Hyannis,consisting of approximately .26 acres, shown on Barnstable Assessor's Map 308 Parcel 98, and desires to develop the Property pursuant to a regulatory agreement. WHEREAS,the Property contains an existing single family residential unit(denoted on the plans as Building 1,Unit A,with a building area of 2,207 s.f.)and an existing cottage (denoted on the plans as Building 2,UnitB,with a building area of 1,598 s.f.). g _ WHEREAS, the existing cottage(Building 2)was previously permitted and used as a family apartment and said cottage is now vacant. WHEREAS,the Developer seeks to convert the existing single family residence (Building 1)and the previously permitted family apartment in the rear cottage(Building 2)to two separate condominium units to create two single family condominium type `residences on a single lot(the"Project"or"Development"). WHEREAS,the existing buildings are consistent with the character of the SF District and the Hyannis.Historic Main Street Waterfront Historic District and no significant external changes are proposed to those buildings. Bk 22539 Pg 282 #71171 WHEREAS,the Property is serviced by existing water and electric and the Development will not result in a substantial increase in water use,sewer use and traffic. WHEREAS,the Town is conducting an analysis of potential roadway and landscaping improvements to South Street. The Developer has agreed to provide mitigation to contribute to the South Street improvements in the vicinity of the Project, including but not limited to providing an easement for lighting and/or landscaping along the Property frontage,and/or providing landscaping along the Property frontage consistent with street- wide improvements that may be implemented by the Town. - WHEREAS,Developer is willing to commit itself to the development of the project substantially in accordance with this Agreement and desires to obtain a waiver of zoning to establish a condominium form of ownership on the Property and therefore considers this Agreement to be in its best interests; and WHEREAS,the Town and Developer.desire to set forth in this Agreement their respective understandings and agreements with regard to development of the Property; WHEREAS the Development will not require regulatory review under the Massachusetts Environmental Policy Act(MEPA)or the Cape Cod Commission Act; WHEREAS the Developer has made application to the Planning Board pursuant to Section 168 of the Barnstable Code; WHEREAS the Development is located in the Hyannis Growth Incentive Zone(GIZ) as approved by the Cape Cod Commission by decision dated April 6,2006, as authorized by Barnstable County Ordinance 2005-13, Chapter G, Growth Incentive Zone Regulations of the Cape Cod Commission Regulations of General Application; WHEREAS the Development is not subject to review by the Cape Cod Commission as a Development of Regional Impact due to its location in the GIZ and due to the adoption of Barnstable County Ordinance 2006-06 establishing a cumulative development threshold within the GIZ, under which this development may proceed and the Developer has submitted a Jurisdictional Determination to the Town of Barnstable Building Department to confirm the same; WHEREAS,the Development is serviced by municipal sewer and does not impact resources protected by the Barnstable Conservation Commission; WHEREAS the Developer will require zoning relief from Section 240=7.£1 which prohibits locating more than one principal use on a single lot in residentially zoned areas; ' . WHEREAS the Developer has undergone at least two public hearings on the Agreement application and received a majority vote from the Planning Board approving the application on September 24,2007; Bk 22539 , Pg 283 471171 WHEREAS the Developer has undergone a public•hearing on the Agreement application before the Town Council and received a 2/3rds vote approving the application on October, 18,2007; NOW,THEREFORE,in consideration of the agreements and covenants hereinafter set forth,and other good and valuable consideration,the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other,the Developer and the Town do enter into this Agreement, and hereby agree and covenant as follows: 1. If the development rights granted hereunder are exercised,the Developer agrees to maintain the Project in accordance with the plans and specifications submitted to and approved by the Town,listed as follows and made part of this Agreement by reference: a) Plans entitled"Condominium Site Plan At 362 South Street in Barnstable, (Hyannis)Massachusetts",prepared by CapeSurv,Osterville,MA, scale 1"=20',dated February 1,2007; and"Condominium Unit Plans At 362 South Street in Barnstable(Hyannis),Massachusetts",prepared by CapeSurv,Osterville, MA, scale 1"= 8', dated February 1., 2007. b) Such other plans and plan revisions as may be required by the terms and conditions of this Agreement; a 2. The Developer proposes to convert the existing single family residence(Building 1)and the previously permitted family apartment.in the rear cottage (Building 2) to two separate condominium units to create two single family condominium type residences on a single lot. 3. The development rights'granted hereunder shall be exercised and development permits may be obtained hereunder for a period of two years from the effective date of the Agreement,provided,however,that prior to the expiration of said two year period the Developer may request one six month extension to obtain development permits: 4. The Developer shall establish a condominium association or associations to carry out the terms and conditions of this Agreement which association(s) shall include both residential condominium units. For the purposes of this Agreement,the term "Developer"shall mean the Developer and/or Developer's successor condominium association(s).The Developer shall remain a voting member and fee payer of any unsold condominium units. The form and content of condominium association documents,including the condominium master deed and association bylaws, shall be approved by the Town of Barnstable Legal Department for the purposes of ensuring compliance with the terms and conditions of this agreement,prior to the sale of any condominium units; Bk 22539 Pg 284 #71171 5. DeveIoper agrees to provide one street tree on South Street, and to either prune or remove the existing planted hedge along South Street so that it does not interfere with passage along the public sidewalk. 6. Developer agrees to provide an easement for the placement and maintenance of a municipal street light on South Street if so requested by the Town. Said easement shall be in form and content acceptable to the Town of Barnstable Legal Department and shall be recorded prior to the issuance of an occupancy permit for Building 2 (Unit B); 7. Lighting for the Development shall be contained on-site, shall be down cast and shall not contribute to light pollution of the area. 8. All landscaping within the development shall be low water use and shall minimize . the use of fertilizers and pesticides; 9. All plumbing fixtures shall be low water use fixtures and other water conservation measures are encouraged in the design and development of the project; 10. Each residential condominium unit shall have at least one dedicated parking space; 11. Town hereby grants a waiver from the following zoning restrictions: i. More than One Principal Use on a Residential Lot: Relief is granted from Section 240-711. 12. Permission is granted to convert the existing Building 1 and Building 2 to a condominium form of ownership, solely for the purpose of allowing each of the two existing structures to be used as single-family residences. IN WITNESS WHEREOF,the parties have hereunto caused this Agreement to be executed,on the day and year fir above written. Dated this c day of ,2007: f.� To of Barnstable 362 South S et Realty Trust By: John C. Klimm By: Allen . White,Trustee Barnstable Town Manager BARNSTABLE REGISTRY OF DEEDS Town of Barnstable 06 Regulatory Services pFIKE rOk, Thomas F.Geiler,Director Building Division '10 W74 R= 8 A R0 gLE snaxsTnaLE, Tom Perry, Building Commissioner 9 �'39• �e� 200 Main Street,Hyannis,MA 02601 27 J 22 I`; i �prfn M°r A www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is ' I am the owner/resident of the located at: C © � 0'� property 0 The following members of my family will be the s e occupants of the Family Apartment at the aforementioned address:6/vto I.Ow �5 Name & relationship to owner: W'E y "1 7-t —D d�� Name & relationship to owner: � 1 ,r The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, 1 will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to r t e. ains and penalties of perjury this day of 2007. Signature hone Number Print Name Q/bldg/forms/famaffid Rev:1/03 r Town of Barnstable I� Regulatory Services r. �1HB tp� Thomas F.Geiler,Director ti 4 Building Division "fopi, Of gAW,"SU OLE * snRxsTABM * Tom Perry, Building Commissioner 9� nss Ar 639. A 200 Main Street,Hyannis,MA IJA P I AM 9: 3 5 Fo www.town.barnstable.ma.us Di iSION Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: ✓2 Ile� r I am the ownerNo the My name is property located at: -3(av p Q Map and Parcel Number ® � ` ° • The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: //o Name & relationship to owner: t r%z2 z T Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writ'n$$. I unde stand that no subletting or subleasing of ,,said Family Apartment is permitted. Jb 7 r/7 I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. 1 also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to.under ins and penalties of perjury this��day of L, 2006. Signature Phone Number Print Name Q/bidg/forms/famaffid Rev:1/03 Town of Barnstable Regulatory Services OF THE Tp� Thomas F.Geiler,Director f VQil 1# . tiO e 4�Sf c•r �•�. V Building Division * BMWSTnBLE, = Tom Perry, Building Commissioner' s 1I mass, g 3�� 1639• ,0 200 Main Street,Hyannis,MA 02AI www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is A I am the owner/resident of the property located at: Map and Parcel Number The decision of the Zoning Board of Appeals has been recorded with the Registry of Deeds in Barnstable County: Book Page . . / 71 Y The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: A/0 *?t4T,# 4. Name & relationship to owner: ddc� t W • d l0y W hT 40 Name &relationship to owner: ` �N �W LtlA I Sez The Family Apartment will be the primary year-round residence for the above-identif ed family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Fami�tment is permitted. hb /P$71 * 4 `"_ I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to unde e pain and penalties of perjury this Z day of jA10V~ 2005. S� ;P Signature Phone Number Print Name 44 /7Z' Q/b1dg/forms/famaffid2 Rev:1/03 Town of Barnstable a X� Regulatory Reg y Services 1HE t Thomas F.Geiler,Director; tEY„ '" °F 0 , t A B L L Building Division SAENSTABI = Tom Perry, Building Commvssioner + i� 9 q , . ,0� 200 Main Street,Hyannis,MA 02601''OrEn rlu+ El!':tIM iCt= Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is Dik' r/9 l/ W l 21 I am the owner/resident of the property located at: Map and Parcel Number The ZBA granted me a Special Permit/Variance on Date Appeal No. The decision of the Zoning Board�ppeals has b n recorded with the Registry of Deeds in Barnstable County: Book 2-9 S Page ��-- The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: PA/ �� ����✓�� r J'��Z� �V��'T� e� Name &relationship to owner. &/c Name &relationship to owner-- The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said FarnjiuApartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the nd penalties of perjury this .2Z day of 2004. Signature / Phone Number- Print Name Q/bldg/forms/famaffid Rev:1/03 ` r COMMONWEALTH OF MASSACHUSETTS BARNSTABLE AFFIDAVIT I, ----- 1L —11M, 725------------------------------ ligIrl-Wi on oath, depose and state as follows: NOFB sup�"� AgNsTge 1.) I reside at_____ _ --------- /" 2.) I am the owner of the property located 1998 at------------ - -----``-o�z-h--�T-- ��'-------- �l v shown on Barnstable Assessors maps as MAP__ v ___PARCEL____ 3.) I Do___--✓ —__Do not __have a Family Apartment at this location. 4.) On___4_v_ _21 _ 199_2 , the Zoning Board of Appeals, on Appeal No-01 2-_ / granted me a Special PermiVVanance to maintain a Family Apartment at the above address. 5.) I understand that the Family Apartment may only be occupied by members of my family who are persons related to me by blood or by marriage. 6. The following members of my family will be the sole occupants of the Family Apartment at the above address: a) NAME----.0 //i�9 h _ �IC--------_--A4 Relationship to owner:__ � h -------------G b) NAME-------------------- Relationship to owner: ---------__ -------------------------- 7.) The Family Apartment will be the primary year round residence for the above-identified family members. 8.) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 9.) 1 understand that no subletting or subleasing of said Family Apartment is permitted. 10.) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said Family Apartment. 11.) I understand that I am required to comply with all conditions imposed by the Board of Appeals in Appeal No. _____ 12.) I agree to immediately notify the building Commissioner in the event of the sale of the above- listed property. Sworn to under the pains and penalties of perjury this _-3 __day of _' 199�'__— s. Signature ------------------------- — — — — ------------------------ Print Name 1a9Ilc -t' i The Town of Barnstable De artrnent of Health Safe and Environmental Services P Safety _ 8AM MBM : Building Division 1 �� 367 Main Street, Hyannis MA 02601 EO MA'S A Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commission January 26, 1998 The White Residence 362 South Street Hyannis, MA 02601 Re: Family Apartment located at the above address Dear Mr./Ms.White, Our records indicate you have not filed an affidavit regarding the above referenced family apartment. It is required under Section 3-1.1 (3) (D) (1) of the Town of Barnstable Zoning Ordinance that an affidavit be submitted annually for the duration of such occupancy. Please indicate the status of the family apartment on the enclosed affidavit return to this office by February 15, 1998. Enclosed is an affidavit for your convenience. Thank you in advance, Ralph Crossen Building Commissioner Town of Barnstable iR U.; R zoning Board of Appea§P Special Permit 26 W9 � Decision and Notice Summary Appeal No. 1992-49 Applicant: Dr. Allen White Address: 362 South street, Hyannis, MA 02601 . Property Location: 362 South Street, Hyannis, MA 02601 Assessors Map/Parcel: 308/98 Zoning: RB-1 - Residential District, AP Aquifer Protection overlay District special Permit: section 3-1.2(F) Family Apartment, and section 5- 3.3, special Permit Activity Request: To permit a Family Apartment in an existing detached 2-car garage. Construction Activity: Renovations as per plan submitted. Procedural Provisions: section 5-3.3 Special,Permit and MGL Ch.40A, Section 14 Background: This decision concerns the appeal of Allen White who is seeking a special Permit from the zoning Board of Appeals .to permit a family apartment .in an existing structure containing a 2-car garage. According to Assessors records, the lot is 0.26 acres, and is developed with two structures on it. The pri;cipal structure is a 1 1/2 story, 1,560 sq. ft. single family dwelling, measuring approximately 50, X 26' . The second structure is a garage measuring 22' X 42, and contains 950 sq.ft. The applicants proposal, as stated in the Memorandum of support, submitted by Attorney Michael Ford, is to convert the existing 950 sq. ft. structure into a 620 sq. ft. Family Apartment and retain the remaining area for a two-car garage. The renovation is to be per plan submitted, titled Allen White, 362 south Street, Hyannis by S. Malone-Jon for Mike Mara. The Family Apartment is to be occupied .by the Applicants mother, Mrs., Lillian White. Procedural Summary: The application was filed in the office of the Town Clerk and at the Zoning Board of Appeals office on July 21, 1992. The public hearing, duly noticed under MGL Chapter 40-A was opened and closed on August 13, 1992, at which time a decision rendered by the Board. The public hearing on this petition was held in the selectmen's Conference Room, Town Hall. The petition was heard by Board Members; Gail Nightingale, Luke Lally, Richard Boy, Wayne Brown and Dexter Bliss, Chairman. At the public hearing on August 13, 1992, Attorney Michael Ford represented the Petitioner. Mr. Ford discussed the background of the locus under consideration. r� f R tine Decision and Notice Appeal No. 1992-49 The petitioner stated that he intends to make this property his permanent place of residence. The public was asked to comment. No one spoke in opposition or in favor -of the appeal. However, a letter in opposition from Clark Boydston, an abutter to the petitioners property, a resident of Hyannis, and the President of_the Hyannis Civic Association, was submitted into the file. The letter and photographs from Mr. Boydston are contained in the file. The letter asks of the Board not to grant the petitioners request for a Family Apartment. He states that Mr. White s properties are in deplorable condition and it reduces the value of the surrounding neighborhood. Finding of Fact: Based upon the evidence submitted and testimony given, the zoning Board of Appeals at its August 13, 1992, meeting unanimously found the following facts related to Appeal No. 1992-49: 1. The proposed use is a legitimate use under section 3-1.2 and 5-2.2 of the zoning ordinance. 2. The Applicant has agreed to comply with all the requirements for a Family Apartment, and has agreed to make this home his principal residence, and the Family Apartment shall be his mothers principal residence. 3. The Applicants request will improve the neighborhood. 4. The Applicant has agreed to comply with the requirements of a yearly affidavit for the Family Apartment. Conclusion: Accordingly, a motion was duly made and seconded that the Board grant the Special Permit for a Family Apartment as per plan submitted and representations made. The vote was as follows: ' AYE: GAIL NIGHTINGALE, WAYNE BROWN, LURE TALLY, RICHARD BOY AND CHAIRMAN, DEXTER BLISS. NAY: NONE order: Appeal No. 1992-49 for a special Permit for a Family Apartment is granted. Appeals of this decisions, if any, shall be made pursuant to MGL Chapter 40A, Section 17, and shall be filed within Twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. .w Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringiug:.an action within twenty days after the decision .has been filed in the office of the Town Clerk. - y l Chairman Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this _ day of 3F/->7- 19 `ice under the pains and penalties of perjury. Distribution: LD Property Owner Town Clerk Town Clerk Applicant Persons Interested Building Inspector Public Information Board of Appeals ,-0q9 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: AFFIDAVIT I, GU•;. Td , being.,on •oath, depose and state as follows: 1. ) I reside at 3 6 2 �e,ry —�� 2. )- I am the owner of the property loc ted at 13 Se;&7"Z Si ell4- ) r shown on as: Map- qo .Lot 90 3. ) On 2- , 19 the Zoning Board of Appeals, *on Appeal Po. 567. - 40 granted me a special permit to maintain a family apartment at the above address . . _ .4. ) I understand that the family apartment may only be occupied by members of my family who are persons related -to me by blood or by marriage. 5. ) The -following members of3my family will be- the sole occupants of the family apart tent at- the above addr� s: (1) Name: Lam. ih' In sl Relationship to Owner: &L .Z:s ea•S's (2) Name: s " Relationship to Owner: 6.) The family apartment will be the primary year- round residence for the above-identified family members. 7. )• In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 8. ) I understand that no subletting or subleasing of said family apartment is permitted. 9. ) I understand that I am required to annually file an :nfFid-.it ::i%h �-e Bul"Ing Commissioner• listing the names and relationship of my family members occupying said family apartment. 10. ) I understand that I am required to comply with all conditions imposed by the -Board of Appeals in Appeal No. 10. ) I agree to immediately notify the Building Commissioner in the event of the sale of the above-listed property. Sworn to under the pains and penalties of perjury this 51 day of 19Z. Signat e) (Please .Print N(a/mJ/e) : QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 12/29/97 PARCEL ID 308 098 GEO ID 22067 LOT/BLOCK DBA PROPERTY ADDRESS OWNER WHITE 362 SOUTH STREET ALLEN J HYANNIS P 0 BOX 979 HYANNIS MA 02601 PHONE DISTRICT HY DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY (NOTES) ZONING DIST/ZOC RB-1 SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? $# BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 11325 . 6 OPER/MGR NAME WET LANDS MULT ADDRESS USE 109 PROTECT DIST (N) EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT r 6• j Town of Barnstable Planning Board Notice of Public Hearing Monday,August 13, 2007 at 7:00 p.m. O J11K 25 k1 [3H 59 New Town Hall, Second Floor Hearing Room 367 Main Street,Hyannis,MA To all persons deemed interested in the Planning Board acting under Chapter 40A, Section 9, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Town of Barnstable Zoning Ordinances, specifically Section 240- 24.1 Hyannis Village Zoning Districts you are hereby notified of a Public Hearing to be held on Monday, August 13, 2007 at 7:00 PM in the Hearing Room of the Barnstable Town Hall, 367 Main Street,Hyannis, MA to consider Regulatory Agreement Application 2007-04 under Chapter 168, Regulatory Agreements with relief required to permit two single-family condominium units on one lot in the Hyannis Village Single Family District. The applicant seeks to convert an existing,previously-permitted free- standing family apartment together with an existing single family dwelling unit to two single-family condominium units where otherwise only one principal structure is allowed per lot. The property is addressed�362_South Stre�___et;Hyannis, MA. The applicant is Allen J. White, Trustee of 362 South Street Realty Trust. Property is addressed as 362 South Street, Hyannis,MA and located in the Hyannis Village Single Family District and shown on Assessor's Map 308 as Parcel 098. Copies of the applications and plans are available for review in the Office of the Planning Board, 200 Main Street, Hyannis,MA between the hours of 8:30 AM to 4:30 PM,Monday through Friday. Barnstable Patriot Marlene Weir, Chairman July 27 and August 3, 2007 Planning Board f IKE SARNBrABU, ' _J Town of Barnstable Planning Board Iv Application for a Regulatory Agreement -= (Attach additional sheets if necessary) , A regulatory agreement is a contract between the applicant and the Town, under which the applicant may agree h b ' to contribute public capital facilities to serve the proposed development and the municipalityor bot to uild fair P P P P P affordable housing, to dedicate or reserve land for open-space community facilities or recreational use, or to contribute funds for any of these purposes. The- regulatory agreement shall establish the permitted uses, densities, and traffic within the development, the duration of the agreement, and any other terms or conditions mutually agreed upon between the applicant and the Town. A regulatory agreement shall vest land use development rights in the property for the duration of the agreement, and such rights shall not be subject to subsequent changes in local development ordinances. For office use only: RA# Date Received Town Clerk: Days Extended: Hearing Dates: Dated Submitted to Town Council The undersigned hereby applies to the Planning Board of the Town of Barnstable for a Regulatory Agreement, in the manner and for the reasons set forth,below: Allen J. White , Trustee 1. ApplicantNamei: 362 South Street Realty Trust Phone: 508-775-1146 Applicant Address: PO BOX 979, 363 South Street , Hyannis, MA 02601 .Applicant Email Address: South Street Condominium Trust Project Name: Property Location: 362 South Street, Hyannis , MA 02601 If applicant differs from owner, state nature of interest:2 2. Owners of Record. Provide the following information for all involved parcels(attach additional sheets if necessary): Owners Land Ct. Lot& Registry of Deeds #Years Map/Parcel Name Certif. of Title# Plan Book/Page# Owned 308-98 362 South Street Realty Trust Book 18879-Page 9 20 contIrma ory Deed in oK 159,40, Page -52 The Applicant Name will be the entity in whose name the Regulatory Agreement will issue. 2 If the applicant differs from owner,the applicant is required to submit one original notarized letter authorizing the application, a copy of an executed purchase&sales agreement or lease, or other documents to prove standing and interest in the property. 2 May 18, 2007 L Owners Contact information (if different from applicant) Name Address Phone number Email ThPndnrP A Schilling, PP 508-775-0700 law@cape . com Centerville , MA 02632 3. List all Zoning District(s)within which the property is located: SF 4. Is this project located within the Groundwater Protection Overlay District? Yes[ ] No V,] 5. Is this project located within the Hyannis Main Street Waterfront Historic District? Yes eNo [X] 6. Does this project involve the demolition or alteration of a building or structure, or any portion of any building or structure, created on or before 1933? Yes [ ] No 7. Is this proposal subject to the jurisdiction of the Conservation Commission? Yes[ ] Nof�} 8. Is this proposal subject to the jurisdiction of the Board of Health? Yes [ ] No[x 9. Is the Cape Cod Commission a party to the proposed Regulatory Agreement? Yes [ ] No[A 10. Total land area subject to the Regulatory Agreement: . 26 acres Total land area upland: . 2 6 acres Total land area wetland: 0 11. Total estimated cost of construction: n/a 12. Existing Development-Describe existing buildings including number of buildings, Gross Floor Area of each building, height of each building and uses in each building (include Gross Floor Area of each use): House and cottage located on said premises as two( 2 ) si'ngle family condominium residences Building 1 , ',Unit A 2 , 207 SF Building 2 , Unit B, 1,598 SF See_ attached plans 13. Existing Residential Uses: Provide existing density(units per acre), number of total residential units, number of market rate units, number of affordable units counted in the Town's DHCD inventory, and number of workforce units deed restricted, together with the number of bedrooms contained in each unit(also identified by market, affordable and workforce), and a description of which building said units are located (if more than one residential building exists on site): House & cottage on said premises as two ( 2) single family condominium residences - see attached plans . 3 070517 j e ` 14. General Description of proposed agreement: Said project is consistent with goals and purposes of the istric to provide residences two ( 2) units existing structure meeting all setbacks. The buildings (units) are existing and in character with the neighborhood . Proposed Level of Development- Number of Buildings: 2 existing Proposed Use(s). Maintain house & cottage on said premises as ( 2) two single family condominium units (residences) . Height of Proposed Uses: Density of Proposed Uses: See attached height and denisity in plans attacned 15. List all zoning relief sought under the regulatory agreement, including a reference to each section of the zoning ordinance under which the applicant seeks relief. (Note: This information will form the basis of the legal advertisement for public hearings on this application and should include all relief that may be required to construct the project. Failure to list all required relief may result in an inability to approve the application and may result in the need to re-advertise the public hearing(s) on the application.): Converting previously permited family apartments (cottage rear) to a separate dwelling unit (residence) together with existing house ( front) as a single family dwelling unit. Two residences on lot - condominium units under Section 240-7 ( f) (1 16. List all relief sought from general ordinances, rules and/or regulations of the Town of Barnstable, including a reference to each section under which the applicant seeks relief(Note: This information may form the basis of the legal advertisement for public hearings on this application and should include all relief that may be required to construct the project. Failure to list all required relief may result in an inability to approve the application and may result in the need to re-advertise the public hearing(s) on the application.). Waiver- under Section 240-7( f) ( t ) 4 May 18, 2007 17. List the state and/or Federal Agencies from which permits, funding, or other actions have been/will be sought: NONE 18. Proposed duration of the Regulatory Agreement(Note: By law, the agreement cannot exceed 10 years. The duration of the agreement limits the amount of time during which the applicant may seek to obtain development permits to construct the development. All conditions and terms of an executed agreement are on- going obligations of the parties that shall be honored in perpetuity once the applicant exercises development rights under the Regulatory Agreement): TEN ( 10 ) YEARS 19. A description of the public facilities and infrastructure to service the development, including whom shall provide such facilities and infrastructure, the date any new facilities will be constructed, a schedule and a commitment by the party providing such facilities and infrastructure to ensure public facilities adequate to serve the development are available concurrent with the impacts of the development: PROPERTY SERVICED BY MUNICIPAL WATER, ELECTRIC AND SEWER 20. A description of any reservation or dedication of land for public purposes: NONE 21. Description of Construction Activity(if applicable), including any demolition, alteration or rehabilitation of existing buildings and a description of building(s)to be demolished, altered or rehabilitated: NONE Attach additional sheet if necessary 5 070517 22. Submission Requirements: The following information must be submitted with the application at the time of filing, failure to do so may result in a denial of your request. Plan Submissions: All Plans submitted with an application shall comply with the requirements of Section 240-102 of the Zoning Ordinance. In addition, the following shall be provided: • Twelve (12) copies of the completed application form, each with original signatures. • Eight(8) copies of a 'wet sealed' certified property survey(plot plan) and twelve (12) reduced copies (8 1/2"x 11" or 11"x 17") showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. • Twelve (12)copies of a proposed site improvement plan and building elevations and layout as may be required plus twelve (12) reduced copies(8 1/2"x 11"or.11"x 17") of each drawing. These plans must show the exact location of all proposed improvements and alterations on the land and to the structures. Other required submissions: • Review Fee(s) payable by certified check to the Town of Barnstable. • Deed(s) or Purchase and Sale Agreement(s) for all involved parcels. • Proof of filing of a Project Notification Form with the Massachusetts Historical Commission if the project is located outside of the Hyannis Main Street Wat ron i toric Dis .ct. 23. Other: The applicant may submit additi I pp ' do is to assist the Board in making its determination. All supporting documen u be itte i days prior to the public hear' g for d tribution to the Board. Signature: Date: laApphnt' pre nPrint Nameodore A. Schilling , E quire Representative's3 1550 Falmouth Road, Sui e 10 Phone: 508-775-0700 Address: Centerville , MA 02632 Fax No.: 508-775-0792 3 Note: All correspondence on this application will be processed through the Representative named at that address and phone number provided. Except for Attorneys, if the Representative differs from the Applicant/Owner, a letter authorizing the Representative to act on behglf of the Applicant/Owner shall be requ'Y 18, 2007 4 l certify that this plan conforms to the rules and regulations of the Registry of Deeds of the Commonwealth of Massachusetts. n • r �t rx � Cl{S Professional Land Surveyor Date pa,wd P°Ni1n9 �� ` N/F earn cn1 h! .Aa �ytas o73 t Pay4m y't 7 1 0 1664 d 5/ E e o o� u �g29 NS�y w/1 Nj0 5 0 Egwn 2 0 For Registry Use Only tman / 1'n' - \ Location Map: R Y. D OF B Oas �bef Edym 1 2,0001' 54 BRB R Fe66.Ps5Od0 \l T e0 06". Fnd Sle• 0a 01116 4I043 .O8'05eW 5'iD7 50' ASSESSORS REF.: \o ` Map 308, Parcel 098 SB/DHFnd j 37.;1' ° fN ZONE: Legend: �' _� \� N 15'21 E 14.s SF - Single Family Res sign 22.37 u+ \ �P Area (min.) 20,000 SF # Light Pose Frontage (min)20' ® Water Gate(round) at eoth (min) 100' © Gas Gate(round)- C Front :© Gas Gate Q p water Cate \ :« Side 10 -0 GuyRear 10' CC7 4 utmry PWe cellar —ahw— Owhead W'res \AGCesa N Slone wait FLOOD ZONE: a— a Post h Ro0 Fmee JW2 \V — stockade Fmee 1 ty w/tg• a, g Zone C arns a o Dw.1h g e sz Community Panel No. a0 BRB Btableoa Rd Bound u! O SB w el a 22.� o� #250001 0006 D /DH St—Bound /Dr Hole x u 3 rn July 2, 1992 0 71.64 34 a" E c•+ N 752136 m OVERLAY DISTRICT. \ s AP - Aquifer Protection District m 4 N 3 3 e Po Ho f .O m =; Z `� � PlanleT� 32'62 e a en ,Sa Z N 7513'36 E 20.22' O o> .� N v ld o Q� o = u, O o _ � � 5.5 f C •0 � O \ 0. 46r+to D y L /362ms 0. 2-112 sty If o BRB 439 E `d:N Fnd S 10•66 N j51d pNd' N 35- C. e d 89V6'14' R=30.47 � 3 L=47.39 -e Tan=30.00 r Lot 1 o I1.55BtsF �' \N 244.76 ��e i i Area g.t9 on© Green SOP 0 p0• 4� s y �aWat:� Stree BRB . rb w Fnd t1 91'S9'45" 93.55 a9'pS�W ' n \ R-39.�2 S13� 19�� RetOc0ti0 Way D� R=15.45 „� Vfide publ!C curb L=23.8 Tan=15.00 � / �40' "l South i S 07,00, W 1 certify to the best of my professional knowledge, 74' ,n information, and belief, that the property lines shown hereon are the lines dividing existing ownerships, and the lines of streets and ways shown are those of public or private streets or ways already established, and no new lines for division of existing ownership or for new woys are shown. I certify that this plan fully and accurately depicts the layout, location, unit number The above certification is intended to meet Registry and dimensions of the buildings as built of Deeds requirements and is not a certification to the i and fully list the units contained therein. title or ownership of the property shown. Owners of adjoining properties are shown according to current Town of Barnstable Assessors'records. BRB Fnd Professional Land Surveyor Dote BRB Professional Land Surveyor Date Fnd Title: - PREPARED FOR: PREPARED BY., r CONDOMINIUM SITE PLAN 362 South Street Realty Trust CapeSu 1 V T At 362 South Street In Allen J..White, Trustee Barnstable (Hyortnls) PO Box 979 7 Parker Rood -.c h ' Hyannis MA 02601 Ostervdle MA 02655 of Massachusetts 1 usettS (508) 420-3994/420-3995fox m www.copesurv.cam 20 0 10 20 40 s0 Dote. Sco/e: ._ __. RRL/wHK/DSS Field: - Review:RRL I � ENTRY ENTRY —=---_-------- ---------- -------- I I I I I I I I 1 1 I I I lot Floor EI=JJ.2, j 17.2• Caroge Garage,EI=J7.5' I - I - j � easement a=z5.3' j 22.3' i . I I I I Profile View j . j Apprar Me=Sea Lead s j I , For Registry Use Only I ; j Laun 1 I , CELLAR I j 48.9' j ENTRY 6.0' I Fz; 6' 2 Bedroom j .__r. I I I I i I I 'm m 1 i 26.0' I Sheet i I j Dack j Kitchen South 1 , 21.0' I 21.0' I Location Map ENTRY D j Dining/Living— I I I I I � I —I ENTRY UNIT B Area Summary UNIT B First Floor - 1,030tSF BASEMENT Basement - 568SF FIRST FLOOR Total - 1,598±SF BUILDING 2 .—.___ I I � I I k ENTRY St. Kitchen I i i---_J i 1 I 16.8' I Sto V ,C..E55S 1 BoN/Loun I I 1 I I I I I I 23.1' o I I I I earn A I I 40.2' I I 1 Den Dining i 2nd Floor EI-44.8' j Bedroom j 32.7' ro i 32.7' j i j I I I 1 j Tet Flo EI=35.5' 23.4' I , 26.2'1 j Sta j St. Ba—ent 0-28.0' uVing Profile View ; St. Appror Neon seo Lead � 23.1' I I I I I I 1 I I I I 1 I I I I I I I ------------------------' ----------------- MAIN ENTRY Covered Porch 1 � -'----'� Area Summary , Second Floor- ¢04fSF UNIT A First — 7951SF UNIT A UNIT A Basement - 808tSF BASEMENT Total - 2,2071sF FIRST FLOOR SECOND FLOOR BUILDING - I certify that this pion conforms to the rules and .regulations of the Registry of Deeds o/the Commonwealth of Massachusetts. 1 certify that this plan fully and accurately depicts the layout, location, unit number and dimensions of the buildings as built and fully list the units contained therein. Professional Land Surveyor Date Professional Land Surveyor Date Title. PREPARED FOR. PREPARED BY.- p r CONDOMINIUM UNIT PLANS 362 South Street Realty Trust CapSU 1 V T At 362 South Street In Allen J. White, Trustee Bamstable, (Hyannis) PO Box 979 7 Porker Road -+ „ ,_ __ _ , ,, Hyannis MA 02601 ^� �o^,erville^MA'02655 r 1P, 20�i �: 22P1"� -- No. 9�i3 P. 1� LAYS OFFICES.OF A.SCHILLING,P.C. 1550 FALMOUTH ROACH, SMITE 10 � CENTERVILLE,NIA 02632 TEL: (508)775-0700 FAX: (6084 77&0792 I EFAX:(707)886.4724 ENTAIL: larvC7a cane.com wwv.lawcRDergd.corn _ Df��IS10�� To: Tom Parry Fes: Martha Fax: 508-790-6230 Pages: 3 Phone: late: 6116/2007 M South Street Realty Trust CC: ®Urgent ® Foc Review ®Please Comment 0 Please Reply ❑Please Recycle i Comments: SEE ATTACHED. CONFIDENTIALITY NOTICE �� . The documents accompanying this FAX hanarnission cover letter contain Enforrngoon from Thp Law Of ca of Thodom A. Schilling,F.C.,vvhldh is confidenG3i and privileged. The tnfermakri is intended to be for the use of the individual or entity narned on thl;Pramroiffal sheet. If you are rat the intended recipient,be avmre that any disclosure,copying,distribution ur use of the contents of LKs FAX transmission Is prohblted. IF YOU HALVE RECEIVED THIS FAX TRANSMISSION 1N ERROP,,PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE. r it nr N0 9 W4 LAw OFFICES OF fOWNI OIF BARNS ABLE TnwDoRE A. SCHILLING, PX2001 JUN 1 g PM 4: Ol 1550 FALMK1[P]CH kiC1.A)D,SUITE 10 CENTERVILLE,MA 02632 MEPHONE- (508)77 r-0700; FAM (508)775-0792 www.la.wcapeced.com EMAIL: lawacape.cem t�i 1fJN June 18, 200", Thomas Perry Building Commissioner_ Town of Earnstable Re: Allen J. White, Trustee 362 South Street Realty Trust aurisd.ictional Determination Dear Tom: l stopped in to see you at the end of last week; however, you were oa vacat-ion. v't is important for me to _ :rove forward on the Development Agreement I am working on in connection with the above-captioned matter. -he easiest process is that you would acknowledge receipt of the Jurisdictional Determination Application and state that Lhe same does not require DRI. I have drafted an Assent that you may wish to use, or certainly you cazi use your own Assent. If you fax that back to me, I can . then file my Development Agreement. T_ would greatly appreciate you tak.i.ng a moment and getting this fax -o me as soon as possible. Very tr you s Tl1 o A. Sc llling TAS:mcp Via fax to: 508-790-6230 A;\perxyfak.6-16.07.doc June 2 0 0 7 Bual.ding Cotnmis�iorlex J s Determination Re: Allen J. White, TrUStee 362 South Street Realty TrUet Map 308, Parcel 58 362 South Street Hyannis, NA 02601 I am in receipt of the Jurisdictional Determination for the above-captioned matter filed on May 31, 2007 . I have reviewed the application, plans and docurenis filed. Urbdex ».he provisions of Sectvion 168 of the Barnstable Cade, I have determined that the project; does qual� fv for --he Hyannis Growtr a�lcer vi�7e Zone thres:old; and the Capp Cod. Commission does not have to lie a party to t:ae regulatory Agreement,. Thomnas nrry Buwlding Commission .� Tovzi of Barnstable • t °F1HE T Town of Barnstable °^ Regulatory Services • MSrnaHAcE, .� Thomas F. Geiler, Director 4i'°TEo;p�A�� Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 June 8, 2007 Gail Hanley, Clerk Cape Cod Commission P.O. Box 226 Barnstable, MA 02630 Re: . Jurisdictional Determination for Hyannis Regulatory Agreement South Street Condominium Trust/362 South Street, Hyannis Dear Ms. Hanley: I am writing pursuant to Cape Cod Commission Regulations, Chapter D, Development Agreement Regulations Governing the provisions for Development Agreements, Barnstable County Ordinance 92-1, as amended through July 19, 2005, Section 6(b), and Chapter 168 of the Barnstable Code. This letter is to inform you that the town has received a request for a regulatory agreement for the property located at 362 South Street, Hyannis,Massachusetts. The proposal is to nmaintain the house and cottage on said premises as two single family condominium residences. A copy of the Regulatory Agreement Application is enclosed for your files. I have determined that the proposed development is not a Development of Regional Impact at this time for the following reasons:- ❑ The proposed development does not meet or exceed one or more of the Cape Cod Commission mandatory thresholds for review as a Development of Regional Impact as set forth in the Cape Cod Commission Enabling Regulations, Chapter A, Section 3. ❑ The proposed development is located in the Hyannis Growth Incentive Zone (GIZ) as approved by the Cape Cod Commission by decision dated April 6, 2006, and the proposed development is included within the area authorized by Barnstable County Ordinance 2006- 06 establishing a cumulative development threshold within the GIZ,under which this development may proceed. In addition, the project does not meet or exceed the DRI Thresholds established under Condition#G9 of the Cape Cod Commission Decision authorizing the Downtown Hyannis Growth Incentive Zone, dated April 6, 2006, as follows: 1. The project is not an addition or expansion associated with the Cape Cod Hospital; 2. The project is not a proposed demolition or substantial alteration of an historic structure or destruction or substantial alteration to an historic or archaeological site listed with the National Register of Historic Places or Massachusetts Register of Historic Places, outside a municipal historic district or outside the Old King's Highway Regional Historic District; 3. The project does not provide facilities for transportation to or from Barnstable County, including but not limited to ferry, bus, rail, trucking terminals,transfer stations, air transportation and/or accessory uses, parking or storage facilities, and any auxiliary or accessory uses are not greater than 10,000 s.f. of Gross Floor Area or 40,000 s.f. of outdoor area; and 4. As represented by the applicant, the project does not require and Environmental Impact Report under MEPA. Please contact me if you have any questions regarding this matter. Sincerely �I as erry O LAW OFFICES OF THEODORE No SCHILLING, P.C. 1550 FALMOUTH ROAD,SUITE 10 CENTERVILLE,MA 02632 TELEPHONE: (508)775-0700; FAX: (508) 775-0792 www.lawcapecod.com EMAIL; law@cape.com May 31, 2007 VIA IN HAND DELIVERY Town of Barnstable Building Department Tom Perry, Building Inspector 200 Main Street ' Hyannis, MA 02601 RE: 362 South Street, Hyannis, MA 02601 Dear Tom, Enclosed please find three (3) signed Applications for Regulatory ' Agreement Jurisdictional Determination Hyannis Village Zoning Districts along with three (3) sets of plans for the condominium and buildings with reduced plans. The large plans have been signed and sealed. I have met and reviewed with Ruth Weil about Allen White's project. Once. you have made your determination we are prepared to file the Application for Regulatory Agreement . If you ve y (111estions or wish to discuss this project further, please do not hesitate to contact me a Very o chil i g TAS/smr Enclosures . P� ti The Town of Barnstable t * BMWSTABLE, • MASS. Planning Board ArED MAY A 200 Main Street,Hyannis,MA 02601 Office: 508-862-4786 Fax: 508-862-4725 JURISDICTIONAL DETERMINATION FORM for Proposed Regulatory Agreements Pursuant to Section 168 of the Barnstable Code., this Jurisdictional Determination Form establishes whether an applicant may enter into a two-party Regulatory Agreement with the Town of Barnstable. This form shall be submitted to the Barnstable Building Commissioner. The Barnstable Building Commissioner shall, at his or her sole discretion, determine when a Jurisdictional Determination Application is complete and will contact the applicant when a determination has been made. The Building Commissioner may request additional information if necessary. A project proponent may seek to enter into a Regulatory Agreement WITHOUT the Cape Cod Commission as a party if the proposed project is NOT the type of project " excluded from the Hyannis Growth Incentive Zone (GIZ) cumulative threshold. (Stated another way, the Cape Cod Commission must be a party to the Agreement if the project is the type that does not qualify for the GIZ cumulative threshold.) As required by Section 168, a copy of this Jurisdictional Determination Form will be forwarded to the Cape Cod Commission. **************************************************************************************************** Submit three (3) copies of the following.to the Barnstable Building Commissioner: (1) This Jurisdictional Determination Form, and (2) the Required Filing Materials set forth below. Please note that Jurisdictional Determination Forms do not require the submission of an abutters list. Applicant/Owner Information 362 South Street Realty Trust Applicant Name': Allen J. White, Trustee Phone: 508-775-1146 PO Box 979, 362 South Street, Hyannis, MA 02601 Applicant Address: Applicant Email Address: c/o Theodore A. Schilling, Esq. law@cape.com Property Owner (if different): Phone: Address of Owner (if different): ' The Applicant Name will be the entity in whose name the Regulatory Agreement will issue. - 1 - 070517 I If applicant differs from owner, state nature of interest:2 Property Information Property Assessor's Map/Parcel Number(s): Map 308, Parcel 98 Property Address: Deed Recording: Book 18878 , Page 9 Book , Page Confirmatory Book 18940 , Page 52 Book , Page Deed Book , Page Book , Page Plan Recording: Plan Book Page Plan Book Page Plan Book Page Plan Book Page Plan Book Page Zoning District: SF & GIz Number of Years Owned: 20 Total land area subject to the Regulatory Agreement: .26 acres Project Information Project Name: South Street Condominium Trust Regulatory Agreement Requested: To maintain the house & cottage on said premises as two (2) single family condominium residences. Gross Floor Area of all existing buildings:. Building 1 — Unit A 2,207+/— SF Building 2 — Unit B 1,598+/— SF 2 If the applicant differs from owner,the applicant will be required to submit one original notarized letter authorizing the application, a copy of an executed purchase&sales agreement or lease,or other documents to prove standing and interest in the property. 3 For these purposes Gross Floor Area is defined as: "The sum of the area of all floors within the perimeter of a building, located either above or below ground level, except underground parking within the structure and accessory to the principal use shall not be included in the total gross floor area. Gross Floor Area shall be expressed in square feet and measured from the exterior face of the exterior walls, or the centerline of shared walls. It shall include all floor levels including basements, mezzanines and attics without deduction for hallways, stairways, elevator shafts, mechanical rooms, closets, thickness of walls, columns or other similar features. Outdoor areas used for storage, sales, service and display shall also be included in the total Gross Floor Area -2- 070517 Gross Floor Area of all proposed demolition: N/A Gross Floor Area of all new buildings: N/A Net Gross Floor Area of buildings/structures: Building 1- 2,207+/- SF; Building 2 - 1,598+/-sF If more than one land use is proposed, Gross Floor Area of each proposed use with a brief description of each use: Residential Use Both Buildings Total number of residential units proposed: Two (2 Qualification to Proceed Without Cape Cod Commission Participation 1. Is the project located within the Hyannis Main Street Waterfront Historic District (HMSWHD)? Yes ❑ No) If the project is NOT located within the HMSWHD, does the project propose demolition or substantial alteration of an historic structure or destruction or substantial alteration to an historic or archaeological site listed with the National Register of Historic Places or Massachusetts Register of Historic Places? If yes, explain what, if any, part of the structure or site is proposed to be demolished or substantially altered and the nature of the proposed alteration: No demolition proposed; no alterations or any construction- Exisiting Buildings 2. Is the project an addition or expansion associated with the Cape Cod Hospital that meets or exceeds a DRI threshold? Yes ❑ No EY 3. Does the project provide facilities for transportation to or from Barnstable County, including but not limited to ferry, bus, rail, trucking terminals, transfer stations, air transportation and/or accessory uses, parking or storage facilities, and any auxiliary or accessory uses greater than 10,000 s.f. of Gross Floor Area or 40,000 s.f. of outdoor area? Yes ❑ No UX 4. Does the project require the filing of an Environmental Impact Report under MEPA? Yes ❑ No) -3- 070517 Required Filing Materials L] 1. Existing Conditions Plan. If requested by staff, submit an Existing Conditions Plan that illustrates existing site characteristics, including man-made and natural features, following Plan Size Requirements and General Requirements listed in 2(a) and 2(b) below. L211 2. Proposed Development Plans. Unless otherwise directed by staff, submit three 3 copies of proposed development plan(s) as follows: (a) Plan Size Requirements. For each plan submitted, provide each of the following: 1 Copy of plan(s) sheet size 24" x 36" IJ Copy of plan(s) reduced to fit sheet size 11"x 17" (b) General Requirements. • All site plans should be drawn at a scale of 1" = 40'; however other scales which provide sufficient detail are acceptable. • If the plan requires more than one sheet, a cover sheet at the scale of 1"= 200' showing the entire property must be included. • Include a locus map at 1:25,000 scale with the outline of the entire property clearly shown. • All building plans should be drawn at a scale of 1/4" = 1'. • Legal Dat to Appear on ALL Submitted Plans, as appropriate: 1. Name and address of applicant and authorization of owner if diff rent from applicant. 2. Name and address of owner(s) of record, if different from applicant. 3. Name and address of person or firm preparing the plan. 4. Current zoning classification of property, including exact zoning bo ndary if the development site is in more than one district. 5. Property boundary line plotted to scale. Distances, angles, and area should be shown. 6. North arrow, scale, and date. 7. Property lines and names of owners of adjoining parcels. I� 8. Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use wrt in and adjoining the property. 9. Date of plan(s) and subsequent revisions. C7� 10. Plans must be stamped with original stamp of registered architect, landscape architect, or professional engineer, as appropriate. ❑ 3. Where there is a reasonable argument that the project is one that requires the Cape Cod Commission as a party, provide documents and analysis supporting the proposal that the project is NOT the type of project that requires Cape Cod Commission participation. -4- 070517 ❑ 4. Copy of application(s) for any development permit(s) filed with Municipal Agency(ies) with filing date of such application(s). Signature The undersigned intends to," Re ulatory r ment Application with the Planning Board of the Town of Ba able r u ory Agreeme in the manner and for the reasons set forth abo Signature: cant(s) or pplicant's Represe tative Print: Theodore A. Schilling, Esqui e Signed by: ❑Applicant U Applicant's Representative Date: May 31, 2007 Mailing Address of Applicant(s) or Applicant's Representative 1550 Falmouth Road, Suite 10 Centerville, MA 02632 TEL: 508 775 0700 FAX 508 775 0792 Email Address of Applicant(s) of Applicant's Representative law@cape.com IMPORTANT NOTE: Please contact the Growth Management Department at (508) 862-4725 if you have any questions or require assistance in completing this application form. -5- 070517 Town of Barnstable BARNSPABLE, : Regulatory Services y t►�►ss. i63q. �0 Alfo �A Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 January 14, 2004 Allen J. White PO Box 979 362 South Street Hyannis, MA 02601 Re: Family Apartment Dear Property Owner: Please complete the enclosed Family Apartment Affidavit and return it to the Building Commissioner's Office by February 23, 2004. You are required under Section 3-1.1(3)(D)(1) of the Town of Barnstable Zoning Ordinances to submit an affidavit annually indicating the status of the family apartment. Failure to submit the affidavit is a violation of your Special Permit and may result in your loss of the rights granted therein. If you have any questions, please call Lois Barry, Division Assistant, at 508-862, 4039. Sincerely, w Tom Perry Building Commissioner Enclosure jfamapt f - Barry, Lois From: Mcauliffe, Paulette Sent: Thursday,August 07, 2003 9:43 AM To: Barry, Lois Subject: RE: Family Apartments/Amnesty Lois, Received a phone message from David Lawler this morning. He's on vacation until the middle of next week. Hopefully, I'll connect with him, as I'm going to be out of the office from Friday,August 15th and returning.on Wednesday,August 20th. If not, I'll let you know what's going on with the property on South St.whenever we do connect. PT -----Original Message----- From: Barry,Lois Sent: Wednesday,August 06,2003 1:52 PM To: Mcauliffe,Paulette Subject: Family Apartments/Amnesty 8/6/03 Paulette, Please let me know if the following properties are working with you: 60 Shady Lane, Hyannis (I have copy of 5/8/03 memo) - 116 Camp Opechee Road, Centerville (also mentioned on 5/8/03 memo) 362 South Street, Hyannis. Owner Allen White, attorney David Lawlor. Have you heard from either of them? } � 1 Barry, Lois To: Mcauliffe, Paulette Subject: 362 South.Street David Lawlor, attorney for Allen J. White of 362 South Street, Hyannis, will call you next week to explore the Amnesty program for a former family apartment. If you don't hear from him, his number is 778 0303. t OF THE ram, Town of Barnstable MUtNSr LE, Regulatory Services MAS& ,e$ Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 February 10, 2003 Allen J. White PO Box 979 Hyannis, MA 02601 Re : Family Apartment Special Permit 1992-049 362 South Street,Hyannis, 308 098 Dear Mr. White: Please complete the enclosed Family Apartment Affidavit and return it to the Building Commissioner's Office by March 10, 2003. You are required under Section 3-1.l(3)(D)(1) of the Town of Barnstable Zoning Ordinances to submit an affidavit annually indicating the status.of the family apartment. Failure to submit the affidavit is'a violation of your Special Permit and may result in your loss of the rights granted therein. If you have any questions, please call Lois Barry,Division Assistant, at 508-862-4039. Sincerely, Tom Perry Building Commissioner Enclosure LL ifamapt -. .-: ..-........"... _,,,,. - .. ., - - - . �,�,+,y , %, �, ,r W ' FJ' ' f�s� z �, a cc�.ux, .z 36...v Y y:i 1. Year Type Bill # Cult # ldates/SC Bi1liName Ph N"' ';y 2003 RE R 2mm8152 90549 r WHITE; AlLEN J istofy � � „ � Parcel ID l�3G8 09-$ P 0-Bl7X 979 Qetad , Alt Pare HYAN)�IS :MA 02601 Qrig Q� - Prap Loc 3:6 2 SOUTH STREET i, - .> ,,, ...... _, l.... L'ientSale , ( 4 0 0 ,, ..: ,� ulCk Gan Int Dt Billed Abt/Adj Pmt/Crd Interest'; Unpaid'' bal ecifiBill... . 1 11/21/02 1, 157'. 26 ..... 00 1 157 26 00: 00 Uk�lityr 2 05/02/03` 1, 157 2:5 G0: 4a 00; _,w1 15.7 25 r cct� . 3 I �_.: IrtdSt�Stfl'f' r— --— 4 I 'Y=Para ,.:�� ..'., Fees/P6 6en: 00 . . 00' G9 9,G G!?: 00 �_N�ff11 j' Totals: 2„314 51 OG' 1 157 25 12"eeeeeeeeeee .:: - .. .ry GO 1 157 26 .., rrr �� Exvt JAN 1Owner WHITE Al1EN J Due O1/15i2003 e� 00 ._ PMew ffef C Per Diem GO r ,, � _ �__ Int Paid 00,. 1 of 9 f �r t.;. I M icrasoE M°i�rasof% : C�ocum ,.;.. I ntox Arriara. :. Pere,,,T..: .� tl'30 Mkt % r .r.�'�.. !.. _�.__ `.,&�li,.,...l.... _ s--A�._ i�r`t,,,,,,,,„ �Lk.i.�iur:, ?:u .. ��.. .u.r .�}rr:. �t,.�a.oT . ;;, 7 ,7 .s ��o/' 44--(b Q`7a Town of Barnstable Approved / / Regulatory Services Fee -©0 Thomas F.Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Al Home Occupation Registration Date: 03 Name: pA7 715- Phone#: Address: �0� S� Village: Name of Business: 6 S eS SQL/aS Type of Business: — zads JAMap/Lot: '3J r -Q�� Zoning District Zoning Districts RF and RC-1 require Special Permit from Zoning Board of Appeals. INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual ' alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes; and no increase in air or groundwater pollution. After registration with the Building Inspector, a customary home occupation shall be permitted as of right subject to the following conditions: f • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. No traffic will be generated in excess of normal residential volumes. The use does not involve the production of offensive noise,vibration, smoke,dust or other particular matter, odors,electrical disturbance,heat,glare,humidity or other objectionable effects. There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. There is no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,have r and agree wi the above restrictions for my home occupation I am registering: f� Applicant: Date: Homeoc.doc TO ALL NEW BUSINESS OWNERS r DATE: Fill in please: ,l Jwl� J� "APPLICANT'S r °� YOUR NAME: Aeel/ld BUSINESS YOUR HOME ADDRESS: s'f 7�y Ail_l�p�O � ,•�; �:�1N-gem e � TELEPHONE - Telephone Number Home — 3 NAME OF NEW BUSINESS 9,- As OL/ TYPE OF BUSINESS J S IS THIS A HOME OCCUPATION? X _YES �J_NOI Have you been given approval from the buildin divisi n? YES! 1 NO ADDRESS OF BUSINESS S� S MAP/PARCEL NUP,1BER �30jr— Dom_ When starting a new business there are several things ou must de in order to be in compliance with th.- rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. Once you have obtained ?"e required signatures, listed below, you.may apply for a business certificate at the Tov n Clerk's Office (Ist floor - Town Hall) or if you get the business certificate first you,MUST go to the following office to make sure yo- have' :---"; ',he required permits and Ilce ses.. GO TO 200 Main St. — (corner.of Yarmouth Rd. & Main Street) and you will find the following offices: 1. BUILDING COMMISSIONE OFFICE This individual has en inform d any permit requirements that pertain to this type of business. th i d Signature" COMMENTS: 2. BOARD OF HEALTH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature' COMMENTS: 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informec of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: Business certificates (cost $20.00 for 4 years). A business certificate ONLY REGISTERS YOUR ;DAME in the town (which you rust do by M.G.L. - It does not give you permission to operate - you must get that throug'i completion of the processes from the various departments involved. "SIGNIFIES APPROVAL FOR A BUSINESS CERTIFICATE ONLY. JAN.13.2004 9:36AM SARNSTABLE COM/ECO.DEVELOPMENT NO.912 P.9/12 Town of Barnstable Office of Community and Economic Development � 367 Main Street,Hyannis,Massachusetts 02601 AS , (508)962.4683 or(508)962-4695 Fax(508)862.4725 Kevin I Shea Director February 10, 2003 AUen J. White P.O. Box 979 Hyannis, MA 02601 Re: 362 South St= 153 r i Dear Mr. White: This letter is to introduce you to the Accessory Affordable Housing (Amnesty) Program. The program is a unique way for our local government to partner with property ` owners like you in providing affordable housing in our town while allowing you to make rental income. You were referred to me by Lois Barry of the. Building Department because you own a single-family home with an accessory unit that is not currently permitted for use as a family apartment; (or you maybe the owner of multi- units where there exists one or more illegal apartments). Enclosed for your convenience is a program brochure so that you will have the opportunity to read about the Amnesty Program. Please feel free to call and find out more information on how to participate, or to ask any questions that you might have. Looking forward to the possibility of working with you soon. Sincerely, Paulette Theresa-McAuliffe Special Projects Coordinator cc: Lois Barry Q:CommDf VIFT/LTR-ENRDOC ON [ ] [R3 0 8 0 9,8- ] LOC] 0362 SOUTH STREIR CTY] 07 TDS] 400 HY KEY] 220674 ----MAILING ADDRESS------- PCA] 1091' PCS] 00 YR] 00 PARENT] 0 WHITE, ALLEN J MAP] AREA167AB JV1381358 MTG13003 P 0 BOX 979 SP1] SP21 SP31 UT11 UT21 . 26 SQ FT] 1506 HYANNIS MA 02601 AYB] 1876 EYB] 1980 OBS] CONST] 0000 LAND 34000 IMP 129100 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 163100 REA CLASSIFIED #LAND 1 34, 000 ASD LND 34000 ASD IMP 129100 ASD OTH #BLDG (S) -CARD-1 1 78, 200 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #BLDG (S) -CARD-2 1 50, 900 TAX EXEMPT #PL 362 SOUTH ST RESIDENT'L 163100 163100 163100 #RR 1511 0050 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE] 03/92 PRICE] 1 ORB] 7928/184 AFD] I F LAST ACTIVITY] 07/06/94 PCR] Y R308 098 . • P P R A I S A L D A T KEY 220674 WHITE, ALLEN J LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RB- 1 34 , 000 129, 100 2 A-COST 163 , 100 B-MKT 124, 400 BY 00/ BY ME 6/94 C-INCOME PCA=1091 PCS=00 SIZE= 1506 JUST-VAL 163 , 100 LEV=400 CONST-C 0 ----COMPARISON TO CONTROL AREA 67AB -- --MAY NOT BE COMPARABLE-- NEIGHBORHOOD 67AB HYANNIS PARCEL CONTROL AREA TREND STANDARD 101 10 LAND-TYPE 340001 LAND-MEAN +00 1631001 178835 IMPROVED-MEAN -280-. 250 501 FRONT-FT ] 100 DEPTH/ACRES TABLE 02 10001 LOCATION-ADJ APPLY-VAL-STAT 1 LNR] LAND LFT/IMP]ADJS/SB/FEAT STR] STRUCTURE ARR]AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [ ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] .a �a R308 098 . is P E R M I T [PMT] ACTS[R] CARD [000] KEY 220674 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR oCMP NEW/DEMO COMMENT [B35269] [08] [92] [AD] A 275001 [AM] [01] [93] [100] [NEW ] [HY REMOD' L] [B35421] [10] [92] [AD] A 640001 [LK] [01] [94] [100] [NEW ] [HY ADDIT'N] [ ] [ ] [ ] [ ] ] [ ] [ ] [ ] [ ] [ ] [ ] [?J RESIDENTIAL PROPERTY ' � I MAP CVO. LOT NO. mob' FIRE DISTRICT SUMMARY STREET South St.• i8 s ' iHa�' '3 LAND i 308 98 H BLDGS. /7 /.S- i ` } OWNER ��61YG %� t`�'fF, 2�S� TOTAL a ; - :.. .-..- LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: BLDGS. Ra Clara R. & Eleanor Co 12/28/5 895 296 B. TOTAL r • a LAND �. e a. r?r', �Liafr' il w.to to f 0) BLDGS. — TOTAL LAND BLDGS. TOTAL LAND BLDGS. as TOTAL LAND BLDGS. TOTAL LAND BLDGS. a — TOTAL LAND BLDGS. INTERIOR INSPECTED: ^' ,•� J '" TOTAL /- l_/l.f. l .. .. DATE: (�/4171 I.;3 ..3,Cy...l �r LAND - ACREAGE COMPUTATIONS BLDGS.' LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT SI 7, o 0 0 o R o 0 LAND CLEARED FRONT BLDGS. REAR TOTAL WOODS&SPROUT FRONT LAND REAR BLDGS. WASTE FRONT TOTAL REAR — LAND BLDGS. TOTAL LAND a^ U BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH % FRONT Fr. PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND SQ. ROUGH TOWN WATER rn BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. oCane,IyaMt Fin. Bsmt.Area Bath Room V eew / J Q BLDG. COST , tltl Conc. Blk.Walls Bsmt. Rec. Room St. Shower Bath Saint. PURCH. DATEI. r Conc. Sla► Bsmt.Gangs St. Shower Ext. 5�. lyflle PURCH. PRICE. trick Walls Attic Fl.&Stain Toilet Room Steae Wail Fin.Attic Two Fixt. Bath Roo( 4- /!i RENT ; j. lion INTERIOR FINISH Lavatory Extra Floors Bsmt. F 1 2 3 Sink sfi I/. Piaster Water Clo. Extra Attic 7 I EXTERIOR WALLS I Knotty Pine Water Only Double Siding Plywood No Plumbing Bunt.Fin. o,3 13 �S Single Siding Plasterboard Int.Fin. 17 Fz as—Ash ngles TILING nc. Blk. G JFP Bath FI. Hostaco Brk.On int.Layout Bath Fl.&Wains. Auto Ht.Unit .f Veneer Int.Cond. Bath Fl.&Wells Flrgtad m.Srk.On HEATING Toilet Rm. Fl. Plumbing BI Com. Brk. Hot Air Toilet Rm.Fl.&Wains. z-u Steam Toilet Rm.Fl.&Welts Tiling Blanket Hot Weser �q St. Shower eN let. Air Cond. Tub Area Total Z Floor Furn. •/� r ROOFING COMPUTATIONS �Sy ph.shingle Pipaless Furn. J S.F. J� I eel Shingle No Host / —y S.F. �— y 7 tbs.Single Oil Burner I.t. ceel stoker ,Q s F / /3 1. G,: S.F. OUTBUILDINGS ROOF TYPE Electric able at S.F. i 2 3 4 5 6 7 8 9 10 1 2 4 5 S 7 S S 10 MEASURE[' Mansard FIREPLACES S.F. Pier Found. Floor /, ) / �Lmbrol Fireplace Stack W,II Found. 0. H. Door LISTED FLO RS Fireplace Sgle.Sdg. Roll Roofing onc._ LIGHTING D61e.Sdg. Shingle Roof arch No Elect. DATE ins Shingle Walls Plumbing Hardwood ROOMS Cement Blk. Electric sph.Tile Bsmt. 1St TOTAL 3 gJ �� Brick Int. Finish PRICED Single �H+ 2nd 3rd FACTOR 9 2 i REPLACEMENT :`T 0 3 '7 OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. DWLG. 2 3 — 4 5 6 — 7 t3 9 10 TOTAL r , ROPERTV A'[?DRESS I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CSTATE LASS I PCS NBHD KEY NO. 0362 SOUTH STREET 07 LAND/OTHER FEATURES DESCRIPTION I ADJUSTMENT FACTORS Ty UNIT ADJ•D.UNIT Lana By/Dal, Sze Dimension LOC./YR. CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE Descripllon WHITE., ALLEN J MAP- CD. FF.Deth/Acres E #LAND 1 34,000 CARDSINACCOUNT - 10 1BLDG.SIT 1 50X .261 =100 242 75 71999.9S 130679.9 .26 34000 #BLDG(S)-CARD-1 1 78,200 01 OF 02 #BLDG(S)-CARD-2 1 . 50,900 COST BATHS 1 .1 U X C= 100 6000.00 6000.00 1.00 6000 a #PL 362 SOUTH ST MARKET 124400 #RR 1511 00.50 INCOME A USE • APPRAISED 'VALUE i A 163,100 i U PARCEL' SUMMARY _ AND 34000 Ti BLDGS 129100 O-IMPS E TOTAL 16.3100 N CNST DEED REFERENCE ook Type DATE PRIOR YEAR VALUE s.I..Price LAND 34000 T r s B Page I"" --- - D S 7928/1841 I103/92 F 1 SLOGS 129100 1 5030/162: 1:86/04 140000 TOTAL 16310C 841524E1PRI:03/85 BUILDING PERMIT LAND ADJUST. FOR LAND Number Date Type. Amou"t . FRT/DEPTH RATIO. 34000 LAND-ADJ i INCOME SE SP-SLOB FEATURES BLD-ADJS .UNITS 6000 B35421 10192 AD 64000 Const. Total Vear Built Norm. Ob%:Class Units Units Base Rate AOj.Rate A I Age Depr. Dona. CND. Loc. %R.G. Repl.Cost New A.j.Repl,Value Slor ies Height Roo"rs e l Rms.Baths I Fi„. Pertywall FK. 01C+ 000 105 105 65.85 69.14 76 80 14 87 100 87 89900 73200 1.5 6 2 1.1 6.0 ri ption Rale Square Feet Repl.Cost MKT.INDEX: 1.00 IMP.BY/DATE: ME 6/94 SCALE: 1/00..58 ELEMENTS CODE CONSTRUCTION DETAIL 100 69.14 648 44803 S ARE SINGLE FAMILY DWELLING CNST GP:00 3S 24.20 154 3727 *--12--*6-* STYLE 10 LD STYLE 0.0 1SS 100 69.14 210 14519 7 FOP! 6 ES-IGN-ADJMT -01 WESIGN A6iUSTS._ FOP 35 24.20 84 2033 *6-* 14 . 14 EXTER.GALLS _11W000 SHINGIES____0._ B15 42 29.04 648 18818 7 1S8 ! ! HEATIAC TTPE 23OIL-STEAPI RAD 0. *---18----*6-* --------------- --- NTER.FINISH 05P LAST ER _ 0_ I ! 815 ! INTER.LAY 6UT f2AVER.I-N6AAxi _ 0. ! ! INTER.MUALTY 02SAI4E AS EXTER. 6. ! ! FLOOR STRUCT 02 W4 JOISTIBEAM 0. W 27 BASE 27 EFLOOR COVER 0$0INE FL06RIN& (y. ---- - - --- ---- --------- - E Tplalpreas Au„ _ 238 Baae= 858 ! ! ROOF TYPE 01 GABLE-ASPi SH__ 0_ BUILDING DIMENSIONS ! ! ELECTRICAL 01 AVERAGE --0. T BAS W23 FOP S07 E22 N07 W22 .. ! F WWI[6ATION 048RICK GALLS 9-9. A BAS W01 N27 1SB N07 E06 N07 E12 ------------- - ---------------------- FOP E06 S14 W06 N14 .. 1SB S14 *- -------- ----23-----X -NEIGF1BaRF160D 67AB HYANtiIS L W18 .. BAS E24 S27 .. 815 N27 LAND TOTAL MARKET W24 S27 E24 .. ! FOP PARCEL 34000 163100 *-----22-----* AREA 48683 VARIANCE +0 +235 STANDARD 25 R OPERTV ADDRESS I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CSTATE LASS I PCS I NBHD KEY NO. 0362 SOUTH STREET 07 RB-1 400 07HY 01/04/96 1091 . 00 67AS R308 098. 220674 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS TY UNIT ADJ'D.UNIT L—d BylOare size Dimens�nn ACRES/UNITS VALUE Desc riprioo WHITE• ALLEN J MAP BATHS FF oe trvgcres LOCJYR.SPEC.CLASS ADJ. COND. PE PRICE PRICE — BATHS 1 :0 U 1 x C= 100 3500.0 CARDS IN ACCOUNT 3500.00 1.00 3500 B 02 OF 02 aCOST 163100 — MARKET 124400 INCOME USE A I APPRAISED VALUE D A 163PI00 U PARCEL SUMMARY S LAND 34000 BLDGS 129100 T I 0—IMPS E TOTAL 16310C �N CNST T DEED REFERENCE1 Type L DATE R_,.0 PRIOR YEAR VALUE - Book Page In- MO. Yr.D s•lea Pripa LAND 34000 S BLDGS 129100 TOTAL 163100 t BUILDING PERMIT pa LAND LAND—ADJ INC ME SE SP—BLOS FEATURE BLD—ADJS UNITS Number Dele Ty Amount 3500 Con st. Tol al Vear Built Class Units Umis Base Rate Atll.Rate A I Age Depr. COonO. CND. Loc. ^b R.G. Repl.Cosl New Atlj.Repl.Value Stories Heigh Rooms Rms Batlts •Fi„. Partywell Fac, 0 1 C 000 100 100 62.90 62.90 93 93 1 99 100 99 51.379 50900 1.0 2 1 1_0 4.0 plion Rate Souarp Feel Rep,.Cosl MKT.INDEX: 1 00 IMP.BY/DATE: ME 6/94 SCALE: 1/00.56 ELEMENTS CODE CONSTRUCTION DETAIL 100 62.90 616 38746 W LLIN CNST GP: FFG 30 18.87 484 9133 *-----22----* STYLE 03RANCH 0_ ! FFG ! DESIGN ADiMy OD ----------0. ! ! EXrtER.YALLS _ _TOCLPBDlSH3NGLE_____0. 22 22 NEA1 IAE fP�E 11 GAS=WARPi_A_I_R______0. ! ! INTER.FINI3H 040RY9ALL 0� INTER.LAYOUT T2AVER.-fa ORMAL _ 0, ! ' INTER.4IUALTY 02SAME -As EXTER. �. *-----22----* FLOOR SrtRU T C 02WD JOISTIBEAM 0. D w ! ! EFLOOR ZOVER 06CAR _ PET 9_VINYL 0. E TplalAreas Au„_ 484 ease. 616 ! ! ODE TYPE_ 03HIP=A.SPH $RING 0. BUILDING DIMENSIONS ! ! LECTRICAL 01 A1TERAGE 0_0 A BAS W22 N28 FFG N22 E22 S22 W22 28 BASE 28 FOUNDATION OIPOUREO CONC -- �T9.. .. B AS E22 S28 -------------- - --- -- -------------- L --------------- --- ---------------------- ! ! LAND TOTAL MARKET ! ! PARCEL *-----22----x AREA VARIANCE +0 ;0 STANDARD y � C� po ,J TOWN OF BARNSTABLE SI3POBT S ENENTARY/CONTINIIATI 833>PORT NAME (LAST, FIRST, MIDDLE) -� DIVISION /DS '! NOTE DETAILS i OBSERVATIONS-ITEMIZE EVIDENCE, SERIAL 1S ETC. Y2, c l l� L 0 Cc -v S ' 6 G pe QjQ_: 3 C - s (Na 7/t)/f 7 . SUBMITTED BY _ PAGE t /� r.- v f ]BUILING SERVI .......... :::::.::. ............................. ::.............::..t.::::::. ;i •'•':� :} .t'..'--•'itt'•ti�••'�''•'�'t'•.••:!•":t'.}"};`•.j`}';itii':i';:?vtiy`�iii `��xti..,.�::sy}<CLlti',•i���},:;::4:;::~:::::�;:i,>.iti}}::titi���v;�::?:•.>:�:?v�::::!:ii:+•:�ii:::~titi}ti.yj}titiyti}jti.>??': ;...;;vv� ..... .::.w:::::::::::•::.:.............:•. :::::::.�:::::::•.:::;isy>.v:4:!i?$:i:Gi}:it4:t::8:v;}:•:. ......::::::::::: ::::: nw:...:.....�:::v. :::::::::::::w::t•::...... ::•:•:V.::......:: - ```: 'H STREET .x.t _]HYANNI:> ti;::,.:.•...i..::'::2'':Etitt •':::":':: ?::%2M1•t: :;.;t%.;:;�;:`;''`:�:� :`: :'+.:`M1l ` :% 4?l't ? :%•,t:t,`:?•':' < � tt.........................::::::::::.t•.tt•.�:::.::...:.:::.::::.tt:.:.�:::::::::::::::::::.:;:�:::.t•:::.t•:::::::.�.�::::::::.::.�:::::::: ...................................... O N {tiqq pp ::..t:::...t..:.....tt.....tttt..:.:::.....::•t.::.t..t.t.::.tt.:.t..::tt::::.::.: ........ .... «<t,.::t PP':: S Or a ti 1 uVyc>CC-1i P 1v c S t� i e.ln 0 y W L S L' L� T P (� P C J � � n :SEARCHIR `` .4... L� a P -a s 17 �e o s b W S { f a�7 i L 6 L 0 s Cc-A =� ...,.,................:.::..............�...::::..::.::..:..ttt•:.t•:•::. :::.•.:::::::...:tt•.�:.tttttt•::.t•.t,•.:�.t•:::.::-.:..:t•.:::..t•.t:..:.tt .:::t•::::.tt•.t•.t•::.t•::.,::::.,,::..:..:• r Town of Barnstable TOWN CLERK Zoning Board of Appq)AfZNS A91YF', '11ASS. Special Permit Decision and noticeac A23 P3:08 Summary Appeal No. 1992-15 Applicant: Dr. Allen white Address: . 362 South Street, Hyannis, MA 02601 Property Location: 362 South street, Hyannis, MA 02601 Assessors Map/Parcel: 308/98 Zoning: RB-1 - Residential District, AP Aquifer Protection overlay District special Permit: Section 4-4.2 change from one Non-Conforming use to Another Activity Request: To extend a non-conforming use. Construction Activity: Raise an existing accessory building and increase area of apartment. Procedural Provisions: section 5-3.3 Special Permit and MGL Ch.40A, Section 14 Background: This decision concerns the appeal of Allen white who is seeking a special Permit from the Zoning Board of Appeals to permit the demolition, rebuilding, and enlarging of the existing accessory structure into an apartment at the above address. The lot contains a single-family dwelling (1,506 sq.ft) and a 22, X 42, accessory secondary structure. The applicant states the present use of the premises is residential and commercial. The applicants proposal is to reconstruct the structure with approx. 950 sq.ft of floor area, consisting of two bedrooms, 1 bath, living area with a kitchen and a 18, X 12, deck. Procedural Summary: The application was filed in the office of the Town Clerk and at the Zoning Board of Appeals office on February 24, 1992. The public hearing, duly noticed- under MGL Chapter 40-A was opened on March 26, 1992, and continued to several times in order to allow the petitioner additional time to secure affidavits to establish residential use of the building under consideration in this petition. The hearing was closed on June 11, 1992, at which time a decision rendered by the Board. The public hearings on this petition were held in the school Administration Building, First Floor Conference Room. The petition .was heard by Board Members; Gail Nightingale, Ron Jansson, Richard Boy, Elizabeth Nilsson and Dexter Bliss, Chairman. At the public hearing on March 26,1992, Michael Mara, contractor for the petitioner, appeared to present the petition before the board, and submitted a certified plot plan. He explained that this proposed renovation would upgrade M Decision and Notice Appeal No. 1992-36 the property which has been in existence since the early 1930's, prior to zoning. The petitioner proposes to rebuild the existing "garage" into an apartment, which has been used as an apartment in the past. Mr. Mara discussed the relief requested under sec. 4-4.2, as it relates to the extension of a non-conforming use. He based non-conformity on the fact that there are two buildings on the lot that existed prior to zoning. Assessors records indicate the accessory structure as a garage and not a residential apartment. Mr. Mara presented two letters from abutting neighbors who stated that the buildings were in existence since 1941 and that the accessory building to the rear (garage) was used for many years as a summer dwelling by the Bearse family and as recently as. 1989 was rented as a summer dwelling. Mr. Mara stated the petitioner intends to upgrade the property. The board discussed the issue of 5 year abandonment of the use of the property. Also discussed was the petitioners intent to now change to a year-round use which will intensify the use of the property. The photographs indicate the structure looks like a garage. The Board was not satisfied with the letters submitted by Mr. Mara as his proof of non-conforming status of the property. The Board felt that further factual data needs to be presented. No one was there to speak in favor of the petition. Clark Boydston, an abutter to the petitioners property, a resident of Hyannis, and the President of the Hyannis Civic Association spoke in opposition. Mr. Boydston stated he failed to see that this .is a non-conforming use and as such, would qualify for a Special Permit. Mr. Boydston stated the accessory structure is not fit for habitation. The Board moved to continue this hearing until such time as the petitioner be allowed to establish that the use existed prior to the enactment of Zoning and was not abandoned with a five-year lapse. An extension of time was given on April 24 by the Zoning Board of Appeals and Dr. Allen white to extend the required time limits for the filing of a decision for a special Permit for a period of sixty days (60) beyond the date that the original decision was to be filed. A copy is this extension is on file. At the meeting of June 11, 1992, Attorney Michael Ford was representing the petitioner. The board discussed 3 affidavits submitted previously to the board for their review .and consideration. The Board commented that in reviewing the affidavits, there is no discussion of kitchen facilities in the accessory building. Attorney Ford commented that his client, the petitioner, had not represented kitchen facilities nor bath facilities on the premises. Finding of Fact: . Based upon the evidence submitted and testimony given, the Zoning Board of Appeals at its June 11, 1992, meeting unanimously found the following facts related to Appeal No. 1992-15: 1. .,According to the Assessors Records there is a single-family dwelling containing 1506 sq.ft and a 22, X 42, accessory structure in which the petitioner wants to establish- non-conformity. A Decision and Notice • • Appeal No. 1992-36 . 2. The affidavits submitted do not satisfy the requirements of an apartment with a kitchen. sleeping facilities in a garage, or in any building, is not an apartment. 3. There are no dates on the affidavits, and the photographs presented indicate the accessory structure is used as a garage and not as an . apartment unit. 4. If granted, the proposed change would be more objectionable to the neighborhood. Conclusion: Accordingly, a motion was duly made and seconded that the. Board deny the Special Permit as requested in Appeal No. 1992-15. The vote was as follows: AYE: GAIL NIGHTINGALE, RON JANSSON, BETTY NELSON, RICHARD BOY AND CHAIRMAN, DEXTER BLISS. NAY: NONE Order: Appeal No. 1992-15 for a Special Permit 23 To extend a non- conforming use is denied. Appeals of this decisions, if any, shall be made pursuant to MGL Chapter 40A, section 17, and shall be filed within Twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. l :a • Town of Barnstable Planning Department Staff Report - Appeal No. 1992-49 Date: July 29, 1992 To: Zoning Board of Appeals From: Robert P. Schernig, Director Anna Brigham, Assistant Planner Application Summary Appeal No. 1992-49 Applicant: Dr. Allen White Address: P.O. Box 979, Hyannis, MA 02601 Property Location: lZ62--south treet,_Hyannis;MA 02601 Assessors Map/Parcel: 308/98 Zoning: RB-1, Residential District Property Owner: Allen J. White Trs Applicants Request: Special Permit - Section 3-1.2(F) and 5-3.3. Activity Request: To permit a Family Apartment in the existing detached 2-car garage. Procedural Provisions: section 5-3.3 Special Permit Provisions. Background: According to the'Assessor's Records, the lot is 0.26 acres, and is developed with two structures on it. The principal structure is a 1 1/2 stories, 1,560 sq.ft., single family dwelling, measuring approximately 50, x 261 . An accessory one story structure measures 22, x 42, and containing 950 gross sq.ft. is used as a 2-car garage. The principal residential structure dates to 1876. The home is served by public water and public sewer. The lot fronts on to ,south.Street, and is located between Pine and school Streets. According to the Certified Plot Plan (1992) submitted with the application, the structures meets the required setback for the district, but the lot does not meet the minimum lot width established for the district. The applicant is seeking to develop the Family Apartment within the detached garage. The family apartment is to be occupied by Mrs. Lillian white, the applicants mother. 1 0 • Staff Report Appez . 1992-49 DEPARTMENT CONCERNS: All provisions of Section 3-1.1 (D) (a-q) Family Apartment must be complied with. specifically: b) The family apartment is within or attached to an existing residential structure or within an existing building located on the same lot as said residential structure. dj The family apartment shall contain no more than 50% of the square footage of the existing residential structure if being proposed as an addition thereto. (existing = 50, X 26, = 1,300 sq. ft. + 1/2 story = 1,950 total) f) The property owner resides on the same lot as the family apartment.. The Zoning ordinance is very clear in providing property owners that right to develop a family apartment for a family members, provided that the property constitutes the permanent residence for both. According to the Town of Barnstable,s 1992 voter registration and the towns List of Residents (attached) , the applicant resides at Rivers End, a private way, in Centerville, MA. The applicant should be prepared to present proof of permanent residence. The applicant should be aware that a yearly affidavit of residency is required in all family apartment units (see attached) . No interior plans were submitted with the application. DEPARTMENTS COMMENTS: As the Board will recall this property was the subject of Appeal #1992-15 which was seeking a Special Permit for the change in use of a non-conforming use. That appeal was denied. 2 3ARNSTABLE PRECINCT 4 ---------------------------------------------------- --------------------------------------------------- 22: NA CC ME BORN OUPATION NO NAME BORN OCCUPATION ------------------------- ----------------------- RIVER VIEW LANE SACHEM DRIVE CONTINUED + 22 ROUNDS LOUISE F 1911 HOUSEWIFE * 87 SRINCKER40FF GILBERT D 1937 PHYSICIAN * 22 ROUNDS RICHARD T 1906 RETIRED • 87 SRINCKERHOFF JOHN D 1962 MATERIALS HA * 40 BEARD GARY C 1954 AUTO DLR • 87 BRINCKERHOFF SUSAN S 1941 TEACHER • 40 BEARD ROBIN L 1957 HOMEMAKER * 90 SISCOE KAREN S 1948 HOUSEWIFE + 45 WELCH JOHN F 1921 CONSULTANT * 90 SISCOE LAWRENCE G 1947 SELF—EMPLOY * 60 STEWART 9RUCE E 1900 RETIRED * 1'30 ROSEDEE BEVERLY J 1935 TEACHER • 63 BUCKLEY BETTY 1926 RETIRED * 130 ROSEOEE RICHARD W 1935 MINISTER • 63 BUCKLEY JAMES A 19Q9 RETIRED * 130 R03EDEE RICHARD W JR 1965 SUPERVISOR * 85 STRIKIS ANDREJS R 1939 ARTC + 130 ROBEDEE WENDY S 1960 ASST TEACHER * 85 STRIKIS ANITA J 1954 PHARMACIST + 99 SEALER JEANNE E 1920 SECRETARY 127 COSTAS HORAIT"cS J 0000 ------------------------- * 127 MORAITES DINA 1935 HOUSEWIFE SCOTTSDALE ROAD * 127 MORAITES NICHOLAS C 1962 COOK ------------------------ * 134 COTTA ANTHONY S 1920 RETIRED * 134 COTTA SANDRA 1922 HOMEMAKER 15 PYNE DEREK C 1971 STUDENT * 137 JENKINS CHRISTINA A 1970 AIRLINE STEWD * 15 DYNE ELAINE M 1941 MED TECH 137 JENKINS TRACY L 1973 STUDENT 15 PYNE MARK A 1967 * 137 TALBOT ANN G 1948 BOOKKEEPER * 21 SHRUM F WESLEY 1943 TEACHER * 137 TALBOT PAUL V 1939 BANKER * 21 SHRUM JOANN 1945 TEACHER * 171 HANAGHAN, MARION 9 1929 HOME • 21 SHRUM STEPHANIE 1972 STUDENT 180 FURMAN JACOS 0000 * 211 MANES CHARLES D 1914 RETIRED * 211 MANES MARION A 1930 RE AGENT ------------------------- 221 FROST JOHN P 0000 SCUDDER 3AY CIRCLE * 238 HOFFMANN CONRAD R 1911 RETIRED ------------------------- * 238 HOFFMANN VERA E 1914 RETIRED * 254 WHITEHEAD CHARLES F 1925 TREAS.BANK * 6 WILLSEY CARTER C 1915 RETIRED * 254 WHITEHEAD JEANNINE M 1930 DESIGNER * 6 WILLSEY JUNE B 1916 AT HOME 260 MCNULTY KEVIN W 1973 STUDENT * 31 DURKIN AGNES C 1917 RETIRED * 260 MCNULTY MAUREEN A 1941 TEACHER 31 DURKIN BRIAN E 1950 RESEARCHER * 260 MCNULTY THOMAS J JR 1940 ATTORNEY * 46 THEODOS ANNE M 1930 HOUSEWIFE * 273 YACKER CHARLOTTE F 1917 HOUSEWIFE * 46 TMEOOOS VICTOR A . 1923 RETIRED 273 YACKER LOUIS 1908 AUCTIONEER * 47 KIEFFER NAN 1925 HOUSEWIFE • 278 HEUSSLER HAMS S 1958 REAL EST 3KR * 47 KIEFFER WILLIAM C 1923 RETIRED * 278 HEUSSLER NICOLE V 1959 REAL ESTATE * 65 3RADY KEVIN C 1952 SALESMAN • 285 LEONARD GRACE L 19C8 HOUSEWIFE * 65 BRADY PAMELA 8 1948 OCP THERAPIST * 290 SOLDERSON HELEN F 1933 HOUSEWIFE * 65 LEWIS KAREN A 1966 STUDENT + 290 SOLDERSON RALPH J 1914 RETIRED * 72 DEPEW KATY A 1944 HOUSEWIFE * 293 GREEN JAMES H 1924 RETIRED *' 72 DEPEW RICHARD L 1947 FINANCIAL A0k + 313 BRIGHAM ANNA 1962 ASST PLANNER * 73 MORRIS R03ERT H JR 1956 SALES + 313 GEILER SHEILA M 1944 ADMIN ASST * 106 MCALPINE DENISE M 1949 INSURANCE • 313 GEILER THOMAS F 1940 SEALER OF WGT 1,36 MCALPINE JOHN D 1949 INS SALESMAN 320 DSSANTIS ANN P 000L 106 MCALPINE SCOTT 0 1973 STUDENT * 353 BOWES JOHN J JR 1944 REAL ESTATE + 116 BRADFORD BEVERLY G 1931 CLERK 132 3OWLING COLBY L 1971 STUDENT * 132 DOWLING MARY JANE 1943 HOUSEWIFE RIVE---'----------'------ 132 DOWLING R04ERT G III 1940 INSURANCE RIVERS END * 132 DOWLING STACY A 1970 STUDENT --'------'— �—�--- 141 BETE JOHN M JR 1969 STUDENT 141 BETE LAURA ANN 1971 STUDENT * WHITE ALLEN J 1927 NURS HOME AD * 141 FORASTE ANNETTE L 1943 OFF MGR * WHITE EDEN A 1970 STUDENT * 141 FORASTE PAUL F 1940 PHYSICIAN WHITE JANICE M 1928 SOCIAL WK * 157 30UCHER ANDREW L 1961 LANDSCAPER * 158 DUEENEY AD_LAIDE M 1934 CHILD CARE * 153 2UEENEY ELLEN L 1965 TEACHER SACHEM DRIVE------- RIRIVE VE--------'---- * 158 DUEENEY GREGORY P 1971 STUDENT * 158 AUEENEY JAMES R JR 1918 ACCOUNTANT ------------------------- * 153 9UEENEY MICHAEL R 1971 STUDENT * 273 3RAVMAN DE3RA S 1953 ARTIST r + 8 SKINNER DAVID W 1965 STUDENT * 203 BRAVMAN RICHARD J 1953 ORAL SURGEON * 8 SKINNER DONALD T 1969 STUDENT * 8 SKINNER EDITH R 1937 REG NURSE + 8 SKINNER WILLIAM E 1938 PHYSICIAN ----------------------- + 10 MITCHELL CHARLES M 1937 BUILDER SEA3URY LANE * 10 MITCHELL CHRISTOPHER M 1970 STUDENT * 1Q MITCHELL PATRICIA E 1937 AST TEACH * 1 MITCHELL VICKI L 1961 LAWYER * 21 FAIRBANKS J RICHARD JR 1954 BUSINESS MGR * 12 PARKAS JAMES A 1945 SALES MGR • 24 BUCKLER MAY E 1913 RETIRED * 12 PARKAS KATALIN G 1949 STUDENT • 24 3UCKLER STANLEY 1906 RETIRED * 15 DRANETZ JEFFREY L 1963 STUDENT * 35 JOHNSON "RUSSELL C 1931 CUSTODIAN * 15 DRANETZ MARSHALL M 1924 LAWYER 35 MURPHY DARREN N 0000 * 15 DRANETZ NORIKO 1935 HOUSEWIFE • 35 SULLIVAN DEBORAH A 1933 SECRETARY * -41 MASSE RICHARD W 1938 SALES * 62 ACCABE HELEN T 1923 RETIRED 71 BREMER CHRI* 71 BREMER LLOYDTHPHER 1936 PHYSICIAN * 71 BREMER NINA A 1942 HOUSEWIFE * 77 RANDALL ALAN D 1918 PHYSICIAN • 77 RANDALL DOUGLAS H 1955 LABORER * 77 RANDALL GLORIA 1929 AT HOME •. = VOTER 98 December 4 h Hearing date. However, when I contacted Mr. Dube,he said he' was being laid off from his job and asked me to call back in a month. I called back a couple of times about a month and a half later, and left messages;but have not heard back from Mr. Dube since. And finally, D. I followed up with a written request from Lois Barry on 1/29/03 to send out an inquiry letter to the following individuals regarding their participation in Amnesty. I sent a letter to each on 2/10/03,but I have not heard back from any of the property owners.They were all formerly legal Family Apartments: 1. Harold Russell for Permit 1982-072,Map/Parcel 249 013, 563 Strawberry Hill Road in Centerville; 2. Richard& Gail Scherbath for Permit 1988-057, M/P 147 007 020 50 Rosary Lane in Centerville; 3. Robert& Samira Schumann for Permit 1989-080,M/P 227 112 443 Elliot Road in Centerville; 4. Allen White for Permit 1992-049,M/P 308 098 362 South Street in Hyannis; 5. Linda Kipnes for Permit 1995-03 3, M/P (?) 296 Long Pond Road in Marston Mills; and 6. Eric Hubler for Permit 19980135 issued to Hanson 20 Lantern Lane in Hyannis. To date,I have not heard from any of these property owners. Thanks. Paulette . j il 3 Town of B BARMAD . , arnstable M"& ACCESSORY AFFORDABLE HOUSING PROGRAM 1639. 39.i�,�� 230 South Street,Hyannis,Massachusetts 02601 (508)86246,83 or(508)8624695 Fax(508)8624725 M E M O TO: Tom Perry CC: Lois Barry,Kevin Shea FROM: Paulette Theresa DATE: May 8, 2003.. RE: Accessory Affordable Housing Update S X Assessors office(1st Floor): Assessors map lot numb THE SX��.Conservation Board of Health(3rd floor: N • ( 2 b �t t 'AallTAD6 Sewage,Permit number w`EIL M w r c 4`t o J, Engineering Department(3rd floor): o oa39. Hoe e,number C3�o 07 ,tp Y1r r• Defin'i6ve Plan Approved by Planning Board 1,9 APPLICATIONS PROCESSED 8:30-9:30 A.M.,and.1:00-2:00 P.M.only TOWN OF BARNSTABLE M�Nj INSPE APPLICATION FOR PERMIT TO I TYPE OF CONSTRUCTION 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location Proposed Use f �t 1 Zoning District _ / Fire District Name of Owner W—Z64 z "(/ Address bs �� IIPIA44 E Name of Builder L/12 Address 3 ` Name of Architect �i�f^��(l / "( Address Number of Roomsf�//��G Foundation Exterior Roofing Floors 7� U" L Interior D� Heating Plumbing Fireplace Approximate Cost Area Diagram of Lot and Building with Dimensions Fee OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name 411 Construction Supervisor's License WHITE, ALLEN t _ No-3 5 4 2 1 Permit.For Remodel Garage to Apartment Add Garage Single �ami l y Dwelling , Location 362 South Street r ,a Hyannis _ Owner. Allen White Type of Construction Frame Plot Lot Permit`Granted October 5 , 19 '' 92 r Date of Inspection 1/ /�� 19, Date Completed 19 ` 4. r a I 14 Town of Barnstable Rk. lSS. Zoning Board of AppeaYE' Special Permit '92 j26 A9 � Decision and Notice Summary Appeal No. 1992-49 Applicant: Dr. Allen White Address: 362 South Street, ,Hyannis, MA 02601 Property Location:. 362 South Street, Hyannis, MA 02601 Assessorfs Map/Parcels 308/98 Zoning: t RB-1 - Residential District, AP Aquifer Protection overlay District . Y Special Permit• ,• Section 3 12(F) Family Apartment; and section 5- 3.3, special Permit Activity Request: To permit a Family Apartment in an existing detached 2-car garage. Construction Activity: Renovations as per plan submitted. Procedural Provisions: Section 5-3.3 Special Permit and MGL Ch.40A, Section 14 Background: F. 4 This decision concerns the appeal of Allen White who is seeking a Special Permit from the Zoning Board of Appeals to permit a family apartment in an existing structure containing a 2-car garage. According to Assessors records, the lot is �I 0.26 acres, and is developed with two structures on it. The principal structure is a 1 1/2 story, 1,560 sq. ft. single family dwelling, measuring approximately 50, X 261 . The second structure is a garage measuring 22, X 42, and contains 950 sq.ft. 4 " The applicants proposal, as stated in the Memorandum of support, submitted by Attorney Michael Ford, is to convert the existing 950 sq. ft. structure into a 620 sq. ft. Family Apartment and retain the remaining area for a two-car garage. The renovation is to be per plan submitted, titled Allen White, 362 South Street, Hyannis by S. Malone-Jon for Mike Mara. The Family Apartment is to be occupied by the Applicants mother., Mrs. Lillian White. Procedural Summary: The application was filed in the office of the Town Clerk and at the Zoning Board of Appeals office on July 21, 1992. The public hearing, duly noticed under MGL Chapter 40-A was opened and closed on August 13, 1992, at which time a decision rendered by the Board. The public hearing on this petition was held in the Selectmen's Conference Room, ' Town Hall. The petition was heard by Board Members; Gail Nightingale, Luke Lally, Richard Boy, Wayne Brown and Dexter Bliss, } Chairman. At the public hearing on August 13, -1992,-Attorney Michael Ford represented the _._ Petitioner. Mr. Ford discussed the background, of the locus under consideration. �Y Decision and Notice Appeal No. 1992-49 The petitioner stated that he intends to make this property his permanent place 'i of residence. The public was asked to comment. No one spokelin opposition or in favor of the appeal. However, a letter in opposition from Clark Boydston, an abutter to the Petitioners property, a resident of Hyannis, and the President of the Hyannis Civic Association, was submitted into the file. The letter and photographs from Mr. Boydston are contained in the file. The letter asks of the Board not to grant the petitioners request for a Family Apartment. He states that Mr. .Whitels properties are in deplorable condition and it reduces the value of the t surrounding neighborhood. b r Finding of Facts . Based upon the evidence submitted.and testimony given, the Zoning Board of Appeals ,.at its August,,,:13, 1992,.. meeting unanimously found .the following facts related to Appeal No' 1992-49.s 1. The proposed use is .a legitimate use under Section 3-1.2 and 5-2.2 of the zoning ordinance. 2. The Applicant has agreed to comply with all the requirements for a Family Apartment, and has agreed to make this home his principal residence, and the Family Apartment shall be his mothers principal residence. 3. The Applicants request will improve the neighborhood. 4. The Applicant has agreed to comply with the requirements of a yearly affidavit for the Family Apartment. Conclusion: Accordingly, a motion was duly made and seconded that the Board grant the Special Permit for a Family Apartment as per plan submitted and representations made. The vote was as follows: AYE: GAIL NIGHTINGALE, WAYNE BROWN, LURE LALLY, RICHARD BOY AND CHAIRMAN, DEXTER BLISS. NAY: NONE Order: 7 Appeal No. 1992-49 for a special Permit for a Family Apartment is granted. Appeals of this decisions, if any, shall be made pursuant to MGL Chapter 40A, Section 17, and shall be filed within Twenty (20) days after the date of the filing of this decision in the office of the Town clerk. f' • a; ti 3. t Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the j` General Laws of the Commonwealth of Massachusetts by brin in action within twenty days after the decision has been filed i a in the office of the Town Clerk. Chairman I, /��,•;v� C�}r-la°'J Clerk of the Town of Barnstable County, Massachusetts, hereby certify that twent (20)Barnstable, have elapsed since the Board of A o �20) days e the above entitled petition and that no appeal nof rsaidtdecisionhasnbeen filed in the office of the Town Clerk. 4 Signed and Sealed this /(, elk day of �,- pains and penalties of perjury. 19 ' '� under the Distribution: Property Owner -`��" ( c< �r'�.• Town Clerk To Clerk Applicant Persons Interested Building Inspector Public Information a Board of Appeals I _ I i s:0;!PM09�24/92 1 # 98 E 'Ot301.. RC RD #0058�11 $10.29 U.-TTL $10.29 CASH $11.00 OHHG $0.71 L 42 HOME TMGROVEMENT CONTRACTORS R -Board of abilding Regulations and I . One Ashburton place - Room 0. HUM:. ?MPROVE-MEN T CONTRACTOR I - G CS Registration 1C�C�:ij '.x:�-%1 'i at`..10i� /T '94 I I - 1 Michaer J , Mara I ; Brewster MA 526 1 f - L s �y 16 Assessor's office'(1st Floor): Assessor's map and lot number c7 7q �' 11(iu�{ 8� G �O�T"E>O` '�wt1rVr� 0 v Conservation Board of Health(3rd floor): 4,1 >tsaT Sewage Permit number &nLt • rua Engineering Department(3rd floor): -9�T � °o 'as°. House number �0 rry Definitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO TYPE OF CONSTRUCTION 19 � TO THE INSPECTOR OF BUILDINGS: The undersigned her by applies for a permit according to the follow g information: 6 Location Proposed Use Zoning District T� a Fire District Name of Owner ,4" Address Name of Builder Addres s' Name of Architect V4 Address Number of Rooms Foundation Exterior Roofing Floors Interior Heating Plumbing �} Fireplace Approximate CostCY Area No Pre.# C-4•4AIre -40 Diagram of Lot and Building with Dimensions Fee 62)-� OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name Construction Supervisor's License WHITE, ALLEN FA No 35269 Permit For REMODEL DWELLING - c ' Single Family Dwelling c xY, Location 362 South Street t Hyannis 46 Owner. 'Allen White Type of-Construction Frame Plot= lot PermitGFranted :August 11 , 19 92 Date of-Inspection'^ �" 19 ( Date Completed - l - 19 13 /•, N THE COMMONWEALTH OF MASSACHUSETTS Home Improvement Contractor Registration Registration No. One Ashburton Place - Room 1301 W Boston, Massachusetts 02109 Check numbers _ o ' Effective Date Application for Registration as a ` Home Improvement Contractor or Subcontractor IExpiration Date ' MGL Chapter.142A, CMR 780-6 FOR OFFICE USE ONLY ' Date 1. Applicant name Print the name of.the individual or business applying for the registration I Applicant type: LVJ Individual ❑ DBA ❑ Partnership ❑Trust ❑ Private Corporation ❑ Public Corporation 3. Number of Employees 4. Address / (Sd� ) /�_ U� Print street nd Number(P.O.Box not acceptable) City State Zip Telephone Number S. Individual responsible for Home Improvement Contracts '!•y/[ Last '1' First_ Mi 1-2 6. Title of individual responsible for Home Improvement Contracts 7. Does the applicant or responsible individual hold any other construction related state,city,.townYlicenses or registrations? �❑ ; If yes,complete the table below. Use additional paper if necessary. Yes No .Type license or registration Issued By License or Expiration Name of License Holder registration number Date 8. List all partners, trustees,officers,directors and major owners(10%or greater of ownership)of an applicant partnership or corporation below.Use additional paper if necessary. (See instructions on the back) Last First, Middle initial Title in Applicant Business %Owner Address 9. Is the applicant claiming exemption from the registration fee? (See the instructions on the back) ❑ If yes,include a copy of a current Construction Supervisor license or motor vehicle repair shop license or registration. Yes No 10. Registration fee enclosed. $ D Guaranty Fund fee enclosed. $ Pursuant to Massachusetts General Laws Chapter 62C section 49A,I certify under the penalties of perjury that I, f to my best Imowledge and belief,have filed all state tax returns and paid all state taxes required under law. C Signature of appli r applicant's representative Title held with applicant A false answer to any question In this application constitutes grounds for suspension or revocation of the applicants'registration SPPGrop00, OHO T� T9 .S, q tiO�s AREA 11, 512 t/- SF (0.26 +/- AC) �S X 9+k, r9, s ss yOG �n` �09� 1 .r�sf�c s6� tis Tr,> qG�y 9> QO�G� 9r x , O REFERENCE.- ASSESSORS MAP 308 PARCEL 98 OWNER OF RECORD. 4LAN J. WHITE DEED BOOK 5030 PAGE 102 # 92-083 CERTIFIED PLOT PLAN LOCATION : 362 SOUTH ST. HYANNIS PREPARED FOR: SCALE : 1 " = 30 ' DATE ; 03/03/92 REFERENCE : DB. 5030 PG. 162 MI CHAEL MARA I HEREBY CERTIFY THAT THE BUILDING SHOWN ON THIS PLAN IS LOCATED ON THE OF GROUND AS SHOWN HEREON. JOHN cs o McELWEE " No.33602 down cape engineering inc. o� CIVIL ENGINEERS LAND SURVEYORS RTE 6A - YARMOUTH. MASS. DATE PEG. SURVEYOR HOME IMPUVEMEN1 CONTRACTOR Ragis`,aton 108211 y�e - INDIVIDUAL EKPliation 08/131/94 Mic aci J. Mara 119 Iu5rnan Rd PO Box 149/ "al awsta". MA 02631, ADMINISTRATOR is , 2; i ; 1 % Y '."' ��..{Vbe� st„A,.S� ' '���,,_.0 t�,•fi C' f ^.Sl �w. ., '�.{ "'c;'fi`�f' !ram,gyp}., � .t! ,•'t� }Y ti b• R` f� � '✓„�n; P..,. '3T'Y'P y°^"t J.i r� 1. {• } A N� C� .1 V � �� \rJ t�_I I^� ! / _ /� \\ � '�1 ./J �\ �� I � �r I V 1/�'/)�^� I l J� /^ � � 1 �/^ J �� �/ �'" \ II /+� � � ` ��J/\\\ !'�� '\ 1 r�V � i. � � �! �\ �� �� 1� `r rj �� �� � / ��� ,e,` la����l `�1+ A _ ., �' j > _ r-- -��,. ,,,,,,� �I � :�% � �1 `.. %- �1. .,, �� +' 1 f ` J ! j V .. •��.. "' v �i � � -,,� , ,,..� _ � =� _ J '��� *�. -� 'f �, -;1 .� -, -� -� �� .�. . t ,-�. r �iii�iliiilflll �f7i77fff7fR7 fTifiif�iiiiit rl II i7 loilwlifo illillil illll�l 1 •F ;1i SO � l / r n i • i it - ay4z I GH iv/ /y 7-r� Iva I,cS 15 4 3 W 3 O 30 rc-•l l 5 4 02 ; �- l ' II 3tv f q L mil ; SrdvE 30" "B15 a y119 tq (1) k cr C--7 5 Gc Ii ol��d" �� •� J x 3 U) SMALL Ml D (I RTt7P s j 11. E 3 F 9t�,r Fw avy( Doak - i°OUCET /F otuM4,jNrT ABC-Cw5 . F V�6 HANG <y.14 - I I I i --- — is BARNST DLE Ru Inspection Department Cl J i� In 9 ALL DIMENSIONS AND SIZE DESIGN PLANS ARE PROVIDED FOR THE FAIR DESIGNED FOR + BY i DATE' BY SCALE DWG: DWN NO. DESIGNATIONS GIVEN ARE ° USE BY THE CLIENT OR HIS AGENT IN REV SUBJECT TO VERIFICATION ON , \\��`\I��� COMPLETING THE PROJECT AS LISTED WITHIN I I JOB SITE AND ADJUSTMENT TO N THIS CONTRACT. DESIGN PLANS REMAIN THE FIT JOB CONDITIONS. PROPERTY OF THIS FIRM AND CANNOT BE USED OR REUSED WITHOUT PERMISSION. 1 certify that this plan conforms to the rules and regulations of the Registry of Deeds of the Commonwealth t of Massac off= RICHARD11 CUS LHL-URrUX 934312 �a u 'Po t}aw X) S.W,1.,.- Professional' Y "J Land Surveyor"" D "Jed porkin9 P c� o Cr �9 osFAp'1fn o{ Povement oy `'��� D0 18645� Edge ° E ° � St sty { 5 O Loin For ReY istr Use Onlyetting ° Location Map: J F Ko�tmon t Edging � 1"=2,000 ' Fed 1 P,55 ocjo{es ' 1�mber ell pfive w ° 0,54 FFndRB Stevedbd F1&6 4/04572,06'a5', o Sh 01.50 a o ASSESSORS REF... Map 308, Parcel 098 -n SB/DH Fnd �co , 37.31 - ° o N ZONE: Legend•' N �5.21'3S E ....:...1�.9 .......I m ° SF — Single Family Res -�— Sign 22.37' un ° Area (min.) 20,000 SF Light Post, Frontage (min) 20' OO Water Gate (round) cam,', Width (min) 100' ° C © Gas Gate (round) � Setbacks:_ Q N, ron t 20' El Gas Gate F �pw Water Gate rr m o Side 10' -a Guy ° Rear 10, ,O... O Utility Pole Gettor Access N —ohw— Overhead Wires _ Stone Wall FLOOD ZONE. _ o—o Post & Rail Fence #362 t- S o Stockode Fence 1 sty U� 1. Zone C 0 o Dwellinngg - �z Community Panel No. O BRB Barnstable Rood Bound o ! ° 0 22.3� - #250001 0006 D o SB/DH Stone Bound w/Drill Hole 2 1992 July 11.64 34.0{ E rti No ° " 'S213$ \ OVERLAY DISTRICT: AP — Aquifer Protection District N W 0 Patio o cu O -O z + � oZ Z v�" Planter 32.62' - 4. N Z " 3'36 20.22 O v , p a10 �' 1240 i> o� 0- O O C-A O- O- (0 O �5.50 / C• 03 0 Q n 0.46 - 73 Q. d o'- #362 N 2-112 sty w/f v BRB Dwelling < Fnd d Q. 24.3 E' N 0 36 - 68�.. " 75.1d Porch 35. Govefe 4=89'06'14" R=30.47 L=47.39 � Tan=30.00 o - Lot 1 0 � 11,558±SF o ' � _ .�6 BRB .� 244 Fn d Ar o g.19, Green strip0 00 O4ohw 0 W01K /Gonc oh C�fbBRB !Btfeet ' Fnd R=99.3245 93 So3�,9,05„W oh W Cdt�OC�) L=31.01 1910 Rgl° - Tan=20_OQ / ohw a=88.18'10» phw Wdy , c R=15.45 \ 47 02 ohw/'� t tde P-Ublt Curb L=23.81 W Tan=15.00 86 ohw tvi Wes. ohw 10Q" so I certify to the best of my professional knowledge, 5 -4*0� "w�// information, and belief, that the property lines shown hereon are the lines dividing existing ownerships, and the lines of streets and ways shown are those of public or private streets or ways already established, and no new lines for division of existing ownership or for 1 certify that this plan fully and accurately new ways are shown. depicts the layout, location, unit number The above certification is intended to meet Registry and dimensions of the buildings as built of Deeds requirements and is not a certification to the and fully list the units contained therein. title or ownership of the property shown. Owners of adjoining properties are shown according to current Town BRB of Barnstable Assessors' records. 67 Fnd Professional and Surve or Mte BRB Professional Land Surveyor D61to Fnd Title: PREPARED FOR. PREPARED B Y. CONDOMINIUM SITE PLAN 362 south Street Realty Trust CapeSury At 362 South Street In Allen J. White, Trustee Barnstable, (Hyannis) PO Box 979 7 Porker Rood -..► Hyannis .MA- 02601 Osterville MA 02655 ° Massachusetts (508> 420-3994 / 420-3995fax www.copesurv.com 20 0 10 20 40 60 Dote: February 1, 2007 Scale: 1 „_20, Field: RRL/WHK/DSS Review: RRL Comp/Draft: WHK/RRL Drawing # C689gl ENTRY ENTRY ---- ---- _ F7 I I I I I ' II i I > I I I I 1st Floor E1=33.7' I 1% L, (nrnw I j Garage E1=31.5' I j I I I 22.3' I I I Basement EI=25.3' I I I Pro file Vie w I I I Approx Mean Sea Level I I I I j Laun For Registry Use Only I 1 ILl I , 1 48.9' i CELLAR I I ENTRY I 6.0 Cellar I En Bath 3.6' , 1 try I Bedroom 2 I I I I '71- 1 \ 26.0' Q I I Wood I I I Kitchen I i I Deck I I v th eel goy Stt i 21.0' i I 21.0' I Location Map 1"=300t' i ENTRY D Dining/Livingroom I I----------------------J ------ -- --------J ENTRY Area Summary UNIT B First Floor — 1,030±SF UNIT B BASEMENT Basement - 568±SF FIRST FLOOR Total — 1,598±SF BUILDING -----------� -------- --- ------------ I I I I I I I I l a ENTRY I I 11.4' i i 11.1' I o <CD J i ----J Sto i r---- Kitchen i Q 1 Sto I 16.8' I Sto CELLAR I I ? I Q ACCESS I I III I I I I Bath/Laun I I I I I I I I I I 23.1' I I I p I I I Both 40:2 I I I 1 I I Dining 1 I Bedroom (� 1 I I Den i 2nd Floor E1=44.8' I I 1 32. 7' 1 1 32. 7' I v I 23 4' I I I 1st Floor E1=35.5' I 26.2' I I I I I Sto I I I • 1 StoBasement E1=28.0' j Living I I o I I I I I Profile View ' Sto ° I I I I I Approx Mean._Sea Level 23.1' I i I I I i I I I I I I ————————————————————————J MAIN A. ENTRY Covered Porch Area Summary Second Floor — 604±SF UNIT AFirst Floor 795±SF UNIT A UNIT A Basement — 808±SF BASEMENT Total — 2,207±SF FIRST FLOOR SECOND FLOOR ! certify that this plan conforms to the rules and BUILDING regulations of the .Registry of Deeds of the Commonwealth of Mas ;, S. �NOFA a certify that this plan fully and _accurately RICHARD depicts the layout, location, unit number 3 u�+Eux n � and dimensions of the buildings as built t.KE 0?URE ; and fully list the units contained therein. Professional Land Surveyor Date Pro sio and Survey r ate Title: PREPARED FOR: PREPARED B Y.- CONDOMINIUM UNIT PLANS 362 South Street Realty Trust CapeSury At 362 South Street In Allen J. White, Trustee Barnstable (Hyannis) PO B-ox 979 - 7 Parker Rood --� ' Hyannis MA 02601 osterville MA 02655 Massachusetts �(508) 420-3994 / 420-3995fox � www.copesurv.com 8 0 4 8 16 24 Date: Scale: Field: RRL/WHK/DSS Review: RRL February 1, 2007 1 "-8' -Comp/Draft: WHK/RRL Drawing # C689g1.