The URL can be used to link to this page

Home My WebLink About0044 STEVENS STREET G ' ti �I 1 S\ �I oFI►,E Town of Barnstable BARN9FABLE Regulatory Services 9�6039. ,•� Thomas F. Geiler,Director j°TEp�l Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Dave Mattos FROM: Lois Barry DATE: 8/6/03 RE: 44 Stevens Street, Hyannis Please call owner,Betsy Sethares, on 8/12 between 8:30-9:30 to schedule an inspection to verify that the kitchen has been removed from the former family apartment. This property has been in our"pending" family apartment category, and Tom wants to have it resolved. Ms. Sethares says the kitchen was removed years ago and it was inspected,but we don't have a record of the inspection. Please sign below to verify. INSPECTION TO VERIFY KITCHEN WAS REMOVED FROM FORMER FAMILY APARTMENT AT 44 STEVENS STREET, HYANNIS DATE: f ,s..:' • INSPECTOR: r .. _ I w pTHE Town of Barnstable 0 * BARNSTABLE, Regulatory Services y MASS. •9 i63 ♦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 February 10, 2003 Betsy Sethares 44 Stevens Street Hyannis, MA 02601 Re: Family Apartment, Appeal No. 83-106 44 Stevens Street, Hyannis Dear Ms. Sethares: Thank you for your telephone call in response to our letter. Our records do indicate that the Zoning Board of Appeals denied your request for a Use Variance, Appeal No. 1998-98. Please complete the enclosed building permit application to verify the removal of the apartment and return it to us with a$25 fee. We will then schedule an appointment for our inspector to verify that the apartment has been removed. If you have any questions, please call me at 508 862 4039. Sincerely, Lois Barry Division Assistant Enclosure i J030127a s t ,• �pFIHE roy, Town of Barnstable BARNSTABLE, : Regulatory Services MAW9^ 1 . ,fig 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 5, 2003 Betsey B. Burrell 44 Stevens Street Hyannis,MA 02601 RE: Family Apartment 44 Stevens Street, Hyannis 309 166 Dear Ms. Burrell: Our records indicate that you are now the owner of the above-referenced property. Therefore, the former owner's family apartment special permit approved by Zoning Board of Appeals, 1983-106, is void. What is the status of this area of your property? Please contact this office as soon as possible to: • Apply for a building permit to restore the property to a single-family home. • Apply to the Zoning Board of Appeals for a variance, or • Apply to the Amnesty Program. Please call Lois Barry,Division Assistant, 508 862-4039 to discuss the necessary steps towards compliance with the Town of Barnstable Zoning Ordinance. Sincerely, Tom Perry Building Commissioner j03O2O5b n., -.-...----.. _ ,._ -.. ...__ INQUIRYt t _, p ;x it - �� i, %� i " HPI �! .� E � 1 I , � f �. aGtt Year Type Bill #.I.�-.I.-:I�,.,I,..�I...�1...�.1,.-....I....�I i..,.....I—-...1......",..,I......,�.."--.-.b�.� Cust # Hates/SC Bi11 Name Ph '�� 2 0 0 3 RE ,R' 4 9 4 17 613 0, BURRELL BETSE B �,I a� � _ _ _. �Dettl � lrcel ID 309 166 44 STE�7ENS ST t Pare HYANNIS MJ, 02601 _. Ii"I ��._ �, Prap L0 4 STEVENS ,STREET Ii,, 4 0 0 ^ atck 5ar ry Int Dt Billed Abt/Adj Pmt!Crd Interest ; Unpaid bal SlectfiCBiU� 1 ,11r21i02 , 7, 75: .1 01 �19 76 00 00 ;` „' 2 f05/a2/03 '119 7:4 aa; 00 a0 719 . ?"4 wuturts ct . U�t� rr. 3 . p _ PrcI . ' Fees/Pere. 0.0 0 a O,a 0 0 �:. 0 0 F �." �,� � Totals 1 39 50 00 719 76 00 719 74 1 ... . _.. .. ._.: .. ...... ........ . -. g }Exrt, 1JAN 1iOwner BURRELL,, BETSEY, IB Due 01/13/2003 00 f , nce 11 s Per Diem 00 m _ Int Paid 00 € .._ . ...M, _ :w 1 of 9 v[ak rFz� Nlic.' rlrl�l �'ufin , kax.. bar. RE� bar P i �Inb, I*_`�;' ® �k 37 PM .R >,n"_: '.., ,.n_. 9,.,.a .r:._ ;,«._.,„ ��a. c_._. ....; ..�,�.._ a rrS!'Ifi%_..,;, rFno a _ 96 / t, �pFTHE ro Town of Barnstable Regulatory Services MSS. 1639• ♦0 '''Eo►r 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 5, 2003 Betsey B. Burrell 44 Stevens Street Hyannis,MA 02601 RE: Family Apartment 44 Stevens Street,Hyannis 309 166 Dear Ms. Burrell: Our records indicate that you are now the owner of the above-referenced property. Therefore, the former owner's family apartment special permit approved by Zoning Board of Appeals, 1983-106,is void. What is the status of this area of your property? Please contact this office as soon as possible to: • Apply for a building permit to restore the property to a single-family home. • Apply to the Zoning Board of Appeals for a variance, or ` • Apply to the Amnesty Program. Please call Lois Barry,Division Assistant, 508 862-4039 to discuss the necessary steps towards.compliance with the Town of Barnstable Zoning Ordinance. Sincerely, Tom Perry Building Commissioner or) Map 3 Q Parcel 4`b Permit# 3 � House# 1411 Date Issue 60 " a Board of Health(3rd floor)(8:15 -'9:30/1:00-4�3A)� (¢ / Fee i D Conservation Office(4th floor)(8:30-9:30/ 1:00-2:00) MUS-T BE PlanningDept. 1st floor/School Admin. Bldg.) RPL ANCE P ( g) �,:,n Defi ' ve Ian Approved by Planning Board 19 Er�zST L 5 B ODE AND TOWN OF BARNSTABLE: E%v'Row Ar10%s Building Permit Application VstreetAddress �TQ r/e� S Village �YAla wA, Owner O, pL �P_Lln/. p ►�fi r'r P-L Address �� SQL u_D. / ��' 4 a Telephone 77 S / Permit Request First oor square feet Second Floor square feet Construction Type Estimated Project Cost ew Sad s Zoning District Flood Plain Water Protection Lot Size Grandfathered ❑Yes ❑No Dwelling Type: Single Family p� Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House ❑Yes &No On Old King's Highway ❑Yes 3190 Basement Type: ❑Full ❑Crawl ❑Walkout p Other o Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) V Number of Baths: Full: Existing New Half: Existing New No.of Bedrooms: Existing New Total Room Count(not including baths): Existing New First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air ❑Yes ❑No Fireplaces: Existing - New Existing wood/coal stove ❑Yes ❑No Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use � / Builder Information Name 5?aItl6aW 62- rZII�aSP1 / Telephone Number w Address /�liX / 7/ /hGfit l� 5 License# 0 cl-7% dl:�7U 7�q t-h sqU �P_ Home Improvement Contractor# /O.l 7� Y 16- Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS. PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE _�/l' ct,[�.� ��"l DATE /j Z BUILDING PERMIT DENIED FOR VE FOIL I G REASON(S) FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED. MAP/PARCEL NO. i Y ADDRESS VILLAGE y .; OWNER DATE OF INSPECTION: FOUNDATION RAMS - - • INSULATION • - - a FIREPLACE ELECTRICAL: . ROUGH FINAL ' ' t PLUMBING: ROUGH FINAL GAS: ; ROUGH' FINAL FINAL BUILDING r DATE CLOSED OUT, ASSOCIATION PLAN NO? t The Town of Barnstable 'e �e� Department of Health Safety and Environmental Services 9. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commission: For office use only Permit no. Date AFFIDAVIT ' HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the "reconstruction, alterations, renovation, repair, modernization. conversion, improvement, removal, demolition, or construction of an addition to any pre-existing owner occupied building containing at least one but not, more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors, with certain exceptions,along with other requirements.Type of Work: New S1-At?A-4-- i//, Est.Cost /A Address of Work: ey 92'gyat, Owner's Name Date of Permit Application: I hereby certify that: Registration is not required for the following reason(s): Work excluded by law Job under S1,000. Buiiding not owner-occupied Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROG:ZAM OR GUARANTY FUND UNDER MGL c. 142A SIGNED UNDER PENALTIES OF PERJURY I hereby apply fora permit as the agent of the owner: Date Contractor Name Registration No. OR . Date Owner's Name The Commonwealth of Massachusetts S� flsl Department of Industrial Accidents . ..... Office 01120estigZ&VOS 600 Washington Street Boston Mass. 02111 / Worker]Com ensation Insurance Affidavit location yy UG'A. SF city /Y�Cl�V dV �S P-16 shone# 7 ZY S 1 J ❑ am a homeowner performing all work myself. am a sole proprietor and have no one working in any ca acity ❑ I am an employer providing workers' compensation for my employees working on this job. tom any name: address: city phone#: insurance co. P01icv# ❑ I am a sole proprietor, general contractor. or homeowner(circle one) and have hired the contractors listed below who have the following workers' compensation polices: .:......... com anv name: address: fin,, phone#r insurance co. olicv# cam anv name. .. ....:...... .. :..:. address: city phone#:_ .. olicv insurance co. # Failure to secure-coverage as required under Section 15A of MGL 152 can lead to the imposition of criminal penalties of a tine up to S1.500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a tine of$100.00 a day against me. I understand that a COPY of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. 1 do hereby certify under the pains and penalties of perjury that the information provided above is true and correct .� Y"6/// ' Signature � / � � Date' �'� - Print name /,lC/ (J'� C Litt r�J G� Phone# official use.only do not write in this area to be completed by city or town official city or town• permit/license# ❑Building Department ❑Licensing Board ❑check if immediate response is required []Selectmen's OflM e ❑Health Departinent contact person: phone#; ❑Other (tevaea 9/95 P1A) n Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a . dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation and supplying company names, address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and gate the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the pi number which will be used as a reference number. The affidavits may be re urn d to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth Of Massachusetts:- Department of Industrial Accidents 4;. Office of Inllesuganons 600 Washington Street } Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 ext. 406, 409 or 375 CHERRY 6 pt28 11 `-' 7 , 2 8 T M,152 , _ , t t 7. 7 136-1 x 1 ❑ i :t'�I3Ci {32 j31 1 9_ x -` t35 134 ll -.. �7 9 .cam` ( � r 154 LJ y� =} 176 %1151 p ► i 7 �179 = 14 Q y-�- \16 69 ,\ i�j 182 y , ,2 6A�7 184 ` t 18 271, 148 - - 180 163 6 187 BEARSES \ r..>.. ` 16 t. y 2 2 1 ® 215 t \ 231 o tPC, 23 \237`� \, 233 235 227 2H MAP 309 PARCEL 166 N SETHARES W- - -E SCALE: 1"=200' FILE: SETHARES.DGN s c',bam\dgnisethares.dgn Aug.04,1998 11:48A 0ba Fin.Bsmt.Area P.IzBath Room / Basa BLDG. COST ;one. Blk.Walls Bsmt.Rec. Room St. Shower Bath AIC 62 Bsmt.Walls / =t. ;one. Slab Bsmt.Garage St. Shower Ext. �2 PURCH. DATE PURCH. PRICE . 3rick Walls Attic FI. &Stairs Toilet Room Roof RENT ;tone Walls Fin.Atli- Two Fixt. Bath Floors /f•t n� 'iers INTERIOR FINISH Lavatory Extra Ismt. F 1' 2 3 Sink r/ 'A Plaster Water Clo. Extra Attic EXTERIOR WA LS Knotty Pine Water Only — ,ouble Siding Y / Plywood No Plumbing Bsmt. Fin. /� ------- ingle Siding Plasterboard Int. Fin. 6 w,.l Shingles TILING one. Blk. G F P Bath FI. Heat ace Brk.On Int.Layout ✓ Bath .&Wains. / / — Auto Ht. Unit 7) Veneer Int.Cond. Bath FI. &Walls is /d Fireplace 4_ om. Brk.On H EATING Toilet Rm. Fl. / 30 Plumbing olid Com. Brk. Not Air Toilet Rm.FL &Wains. ar Tiling 7, � Steam Toilet Rm.FI. &Walla !/ Uanket Ins. Hot Water ) St. Shower .00f Ins. Air Cond. Tub Area Total Floor Furn. ROOFING. COMPUTATIONS - isDh. Shingle Pipeless turn. j S.F. n 7,is • Vood Shingle No Heat S. F. ;sbs. Shingle Oil Burner "s /Js to S. F. /& ;� late Coal Stoker 'ile Gas ROOF TYPE Electric S.F. OUTBUILDINGS ;able Flat S.F. 1 2 3 4 5 6 7 8 9 1101 1 2 1 3 1 4 1 5 6 7 8 9110 MEASURE S. F. Pier Found. Floor lip Mansard FIREPLACES �Z• 3ambrel Fireplace Stack Wall Found. 0. H.Door LISTED F LOIDRSy Fireplace 1 / Sgle.SQ. Roll Roofing T^— :one. _ LIGHTING' Dble.Sdg. Shingle Roof � :arth No Elect. DATE -- Shingle Walls Plumbing 'ine :•/ / iardwood ROOMS Cement Blk. Electric \sDh.Tile Bsmt. 1st �� TOTAL Brick Int. Finish PRICED Tingle 2nd 'J,` Jj 3rd FACTOR /a s� —T� REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD, COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. )WLG. I r:,�: / ;= t-. .� ,<� s-� .:7' c�,,..� F• r2 1 8 Y ?� i 5'� So 1 2 3 4 5 6 7 8 9 10 TOTAL a :> _. 4 RESIDENTIAL PROPERTY i MAP NO. LOT NO. FIRE DISTRICT STREET 44 Stevens St. . Hyannis SUMMARY 73 LAND 3 309 1.66 � H � BLDGS. 0 OWNER 4g.-Ln l_.<<-,i/ r / /<i /. (, �• TOTAL LAND RECORD OF TRANSFER l' DATE BK PG I.R.S. REMARKS: Lot 3 SLOGS.. �) TOTAL 2'ry .'Z"T�:II`=7tIT �.• (�L.-iJ Q�I[L�-._. -'--- - - ---n.•a. FBGS. 1-2-3 SLOGS. -ds- Baaaa�a� AT�^ ( f �teniRyTa► as � 12307w . :2& -340 ,ukouris John & Minas Lambros 10-16- 8 2801 14 41 goo. �. OI i TOTAL ?�{ N� GrNT e�VC �i� u°R• Ci ";�Itie -ft�'rF: LAND BLDGS TOTAL: LAND O BLDGS TOTAL LAND BLDGS. TOTAL LAND INTERIOR INSPECTED: BLDGS �i� f > � , /. TOTAL DATE: LAND ACREAGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL OUSE LOT y /v c /Q Q� 3 S 0 3 S—C) LAND LEARED FRONT O BLDGS. REAR TOTAL FOODS&SPROUT FRONT LAND REAR BLDGS. 'ASTE FRONT TOTAL REAR LAND BLDGS. TOTAL LAND BLDGS. LOT'COMPUTATIONS D FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS: HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. y PROPERTY ADDRESS - - ZONING (DISTRICT CODE SP-DISTS.I DATE PRINTED I CLASS I PCS I NBMD K�y�A U044. STEVENS STREET 07 RB 4 U 0 07HY 07/09/95 1D11 0;1 636C R309 166 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Y UNIT ADJ'D. UNIT 111. Lana By/Dale see o�mens�on LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE Deaniprpn $U R R C LL, E E T S E Y, 8 /� M A p- CD. FF.D¢ th/Acres #LAN D 1 1 6,700 CARDS IN ACCOUNT - L 10 18LDG.SIT 1 X .2 H= 9c 258 29999.9 69659.9s .24 15700 #BLDG(S)-CARD-1 1 61,300 Cl OF 01 A #PL 44 STEVENS STREET HY COST 78000 N BATHS 2.0 U x C= 100 7000.00 7000.0 1.00 7JJU a #DL LOT 3 MARKET 79300 FIREPLACE U x C= 100 310U.01 31 CO.0 1.00 31JO 3 #RR 1535 UO71 INCOME A - 1/2 aSMT S 30 x 26 C= 100 3.6 3.6C 780 23J0-3 USE D APPRAISED VALUE D i A 78,OOC A U PARCEL SUMMARY T S LAND 16700 A T LDGS 6130C 0-IMPS M TOTAL 78000 F E I _ _ N CNST E N I DEED REFEREN Typa DATE R-cad 0 PRIOR I O R YEAR A R VALUE L U E A T ( Book Pa I^91 MO Yr.ID S.1-P6- LAND 16700 T S I 361.3/343, I06/93 F 100 BLOGS 61300 U t 7351/153:TEL11 /90 101000 TOTAL 78000 A � 6498/1OUTE110/88 126000 E I DUILDINGPERMIT LAND/BLDG. ADJ S I I Nur^ber 0.1. T,pe Ampp^t F O R LOCATION LAND LAND-ADJ INC ME SE SP-BEDS FEATURES BlD-ADJS UNITS 16700 7300 Con91. Total Year Bu'iIt Norm Obsv. Class UnnS Umts Base Rale AOI.Rate A 1 Aye Depr Cono. CND I LOc 9q R G Repl COxI Naw AOI Re11 V¢lu¢ Stones I H.iphl Rooms qms.Bethe I fis. Panyw.11 F.c. 01C GO 100 100 58.65 58.65 40 75 19 80 85 65 94271 61300 1 .i 6 3 2.0 4.a Descnpupn Rale S,v .Feat Repl Cps. MKT.INDEX: 1.00 IMP.BY/DATE, ML 1 2/8 7 SCALE. 1/U 0.79 ELEMENTS CODE CONSTRUCTION DETAIL S SAS 100 58.65 730 45747 GROSS AREA 1977 SINGLE FAMILY DWELLING CNST GP:JC T FSF 90 52.79 336 17737 N *---9---* (STYLE J4CAPE COD 0.0 R FSF 90 52.79 31 4276 ! FSF ! DESI6N- 0.0 ------ --- ------------------- T ----- --- B1 4 124.63 780 19211 9 9 £XT-R.WALLS 12CLAPBOARD - -- 0.0 U - - -- - - ! rIcAT/nC TYPE D4JiL C - R ---- - ---------------------- *-----16----* *--10--*---9---20------* IN7cR.fINLSH J4DRYWALI 0.0I 6 a 81.5 ! .ENT=R.LAYOLIT- 12 UER.%h0AM_'Al O.OI U ! ! ! ! IINTER.IJALTY J2SAME _AS EXTER. 0.0I R FL)OR3TRUCT JJDJOISTEAMA _ 0.0 W 18 0LD RE HDWDJ. T.W Areas Au.- Base= 1 197 ! ! ! �UOF TYPE J1u4JLE-ASP4 SH 0 O E BUILDING DIMENSIONS ! 12 SASE 26 c------I -AL--- _ J1 VERA�E _ 0.0 T SAS W30 N18 FSF W04 N06 W16 S18 ! 18 ! r()U'40ATION J2CONCRETE BLOCK 99.9I A _ ------------- 1--- ---- -- - ----- ---- EcJ +�112 .. SAS X108 E10 FSF N09 ! FSF ! ! I r I i_-- __ - ------ -0 ---- - EU S09 :109 .. SAS E20 S26 .. *-------20------* ! 'JELuH90RHOJD d30C NYANNIS L 815 N26 W30- S26 E30 .. ! ! I LAND TOTAL MARKET ! ! ?ARCEL 16700 73000 *----------30----------X R a 2325 IARIANCE +0 +3255 3T AND ARD 20 f lv�l S G3" d5' z5� cr -2z.a8 A to T 3 n .000f } o \ � d 9 ko 0 o � �O o //'3 ,� Stay N ►1 Al G 3' 4 S'd S"H/ t j�ON�, .• /G L� 3g76•aic•ACS F�o.v7e Zp' 4tIO THE PROPERTY LINES j, SHOWN ARE COMPILED FROM DEED AND .PLANS .AND DO NOT REPRESENT SKETCH PLAN AN ACTUAL &VRVSY ON THE GROUND. P�AN OF M IN C. FRANK TO STRUCTURE, SHOWN oo WHITING yG /, �+ Na 29869 ti �y�tiN/S , �s HIIj�EON, WAS LOCAT:RD 9 0 IN TIlE F1tLp ON vr�oist� o� Scale 1°=0o' su %J C- 1�1�I�I�IAI I�I1lI III�I IA DTI Z CAPE COD SURVEY CONSULTANTS /z 76 ENTERPRISE RD. TT9 RE . iTEIlEO LANDS VEYOR HYANNIS, MASS. 02601 Z/- 1 } At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appeal No. 1983-106 Page 2 of 2 On December 29, 19 83 , The Board of Appeals found The petitioner, Jacques Morin represented himself and petitions for a Special Permit for a family apartment at 44 Stevens. Street, Hyannis in a Residence B zoned district. The petitioner seeks to make a legal family (year-round apartment) for use by his in-laws. Initially this was an attached garage at one time was converted to a bedroom - the petitioner has just. installed a bathroom (full) to replace an existing half bath. He would like to add .a kitchenette to the existing :area - this would create a family apartment with a separate entrance. The applicant. feels that he is in compliance with Section V of the zoning. by-laws, and understands that once this use by a family members expiresA t then becomes abandoned. The zoning by-law requires that the family apartment shall contain not more than 50% of the square footage of the existing building to which it is being attached or contained within. The petitioner must submit 'tothe Board a plan of the land in triplicate before they can take action on his petition. y The petitioner submitted. the necessary plans to the Board.as requested. The Board voted unanimously to grant the request for a Special Permit for a family apartment at 44 Stevens Street, Hyannis. I, O U!J l _- �..l RS2�. A 5,i!_�E; 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 .�...............��-�_ .� ___ 19 ��_ ._ under the pains and penalties of perjury. ) /� Distribution:— Property Owner Town Clerk Board of Appeals Applicant Town of sta Persons interested Building Inspector Public Information By Board of Appeals Chairman r i TOWN OF BARNSTABLE-':��N13TA6LE. MASS. Zoning Board of Appeals '83 VC 30 FM 2 56 JACQUES No MORIN Deed duly recorded in the Property Owner SAME County Registry of Deeds in Book Page _ _ �.. , _ _.. _.Registry Petitioner District of the Land Court Certificate No. Book Page Appeal No. _1921:1.9.I'z._ _ . ____. __ _.December 30, __ 1§3,,- FACTS and DECISION Petitioner_ Jacques N.Morin November 10 filed 19 83 requesting a XWWX-permit for premises atl+ 1P_Y.93 St,0e1:,--_„_ ,__ in the village (street) of __ �X�1.�_ _,_ _. ._ __ _ ._, adjoining premises of. . (see attached list) Locus under consideration: Barnstable Assessor's Map no. __39 __ . lot no 16666�____ Petition for Special Permit ) Application for Variance: ❑ made under See..r ,._3L. of the Town of Barnstable Zoning by-laws and See. _______._ ._ .. _ _:.._ _... ___ .___.._ Chapter 40A., Mass. Gen. Laws for the purpose of Family apartment _ Locus is presently zoned in Notice of this hearing was given by.mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building,`I vannis, Mass., at _ 8.45 I.M p,M, December 1 , 103 upon said petition under zoning by-laws. Present at the hearing were the following members: W Richard L. Boy __.._.. .� wM_Luke.^P ..La lly Gai l_NlghtiMal,e Chairman Application to Petition for a variance 'thin a Historic District? Yes [J No ,Q�] the property within Is r r Y Yes [] NO pQ Is the property a Designated Landmark? For Historic Department Use only: Not Applicable [] ORS Plan Review Number Date Approved signature: Have you applied for a building permit? (S�i'��. 1 Yes >4 No [] Has the Building Inspector refused a permit? / Yes [] No All applications for a variance which proposes a change in use, new construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved Site Plan (see Section 4- 7.3 of the Zoning ordinance) . That process should be completed prior to submitting this application to the Zoning Board of Appeals. For Building Denartment Use Onlv: - Not Required [] Site Plan Review Number Date Approved Signature: The followings information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request: Three (3) .copies of the completed Application Form, each with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. All proposed development activities, except single and two-family housing development, will require five (5) copies of a proposed site improvements plan approved by the Site Plan Review committee. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See "contents of Site Plans" section 4-7.5 of the Zoning ordinance, for detail requirements. The petitioner may submit any additional supporting documents to assist the Board in making its determination. Date: (. r) -I Signature: _ Petition r Agent's signature Agent's Address: Phone: Fax No. 1. �°'`� �x�Sid 5►n ce, c�fi I caS� �. �.,,o pc-cv��o w�, �� a^`f�, p rv � P�r ArL J ott -}`�j;r to Pa cx.>r N-Lcr q c��a;nit- o,�,a. ovr ►��i A� � 5�1dvrS a c-c. Su p p orr;u�.. Till WNM JMW M WO SOUGHT � a TOWN OF BARNSTABLE 2EM DETERMINED BY THE ZONING O HA zoning Board of Appea `t�ppRQp�� E,CEMENT OFFICER To icatien to Petition for a JUN 2 21968 Date Received For office Use onl ce Appeal # 1 Bearing Date 9. 1�1.96 -`` Decision Due The undersigned hereby applies. to the Zoning Board of Appeals for a variance from the Zoning ordinance, in the manner and for the reasons hereinafter set forth: Petitioner Name: Phone .Petitioner Address J <?re Viug4 M '� eDQ 6CI Property Location: 44 <kl- bh.,r Nw4 L'A 02 621 Property owner: f c:S (Lr der 13��mc.11� , Phone Address of Owner: )Li Sc'C`xr� �?t� HL�P" � If petitioner differs from owner, state nature of interest: Number of Years owned: Assessors Map/Parcel Number: Zoning District: L� Groundwater overlay District: variance Requested: ite Section 6 Title of he Zoning ordinance Description of variance Requested: Ko �e-Og Ar o► "rwo a � Description of the Reason and/or Need for the variance: by 20- lb1^r Q`f'C t' 11k1 l�� 1 t L M&4 1-^�I rt�,w w ♦ w.4��-4.(�1 ��A`J 1�L `'�� J J �j►u��G Discription of construction Activity (if applicable) : Existing Level of Development of the Property- Number of Buildings: Present Use(s) : NA -f'otJ �A Vy:p , Gross .Floor Area: sq.ft. Proposed Gross Floor Area to be Added: 01A Altered: is this property subject to any other relief (variance or special Permit) from the Zoning Board of Appeals? Yes (J No If yes, please list appeal numbers or applicant's name Town of Barnstable Planning Department Staff Report Appeal Number 1998-98-Sethares Use Variance to Section 3-1.1(1)Principal Permitted Uses Date: August 17, 1998 To: Zonin Bo d of ppeals From: Approved By: Robert.P. chernig, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog, Associate Planner Applicant: Betsy Sethares Property Address: 44 Stevens Street, Hyannis Assessor's Map/Parcel: Map 309, Parcel 166 Area: 0.24 acre Building Area: 1,977 sq.ft. Zoning: RB Residential B Zoning District Groundwater Overlay: AP Aquifer Protection District Filed:June 22, 1998 Public Hearing:August 26,1998 Decision Due:Nov.29, 1998(this includes a 60-day extension signed by the applicant) Background: The property that is the subject of this appeal is a 0.24 acre lot on the northwest corner of Stevens Street and Murphy Way in Hyannis and is commonly addressed as 44 Stevens Street. The property is improved with a 1,977 sq. ft. two-story wood frame house.' On December 30, 1983, the Zoning Board of Appeals granted Special Permit No. 1983-106 for a family apartment on this property (see attached copies of Findings and Decision, and approved plan). This space was originally an attached garage that was later converted to a bedroom and bathroom. When the Special Permit for the family apartment was approved, the owner at the time(Jacques Morin), added a kitchenette. The Town's 1983 Zoning By-laws allowed family apartments in all residential districts in accordance with Section V, provided a Special Permit was first approved by the Zoning Board of Appeals. Sub-section 7 of Section V-Discontinuance- stated: (a)"Within 60 days from the date the person or persons residing in the family apartment vacate the premises, the owner or his representative shall remove the kitchen facilities and request the Building Inspector to inspect the premises." (c)"The premises shall be restored as nearly as possible to the original character of the buildings as they were before the family apartment was created." Evidently, this was not done. Sometime after the family member(s) moved out, the apartment unit was rented out to the general public, making this residential dwelling a two-family residence. The applicant has owned the property for about 7 years and has stated that it was sold to her with a tenant already renting. 'According to assessor's records dated 07/09/95 t r t Town of Barnstable-Planning Department-Staff Report , Appeal No.1998-98-Sethares Use Variance to Section 3-1.1(1)Principal Permitted Uses The property is located in a RB Residential B Zoning District which only permits single-family residences as-of-right. Two-family residences are not allowed as either an accessory or conditional use in this zoning district. The applicant is, therefore, requesting a Use Variance to Section 3-1.1(1)of the Zoning Ordinance to legitimize the current use of the property as a two-family dwelling. Staff Review: The property is on Town water and sewer. A single-family residential neighborhood is located to the north of the property. A UB Urban Business Zoning District is located to the south, across Stevens Street. Immediately to the south is a Saturn car dealership. The locus could be viewed as a transition zone from the more intensive UB district to the south and the less intensive-single-family neighborhood to the north. Local Comprehensive Plan The Hyannis Village Plan recommends providing transition zones between residential and non-residential districts and also recommends that use variances not be granted within residential districts.. Policy 7.7-Establish and strictly enforce buffer zones between commercial and residential districts. Maintain these buffer zones as transition zones between residential and non-residential districts and/or uses. Strategy 7.7.2-Provide for a limited amount of multi-family residential uses between the boundaries of designated commercial and residential areas to buffer more intense uses from less intense uses.... Policy 7.8 Maintain existing residential district boundaries and restrict non-residential uses from encroaching into the residential neighborhoods. Strategy 7.8.1 Remove the "use variance"from the residential districts. Allow only the uses which are consistent and compatible with residential uses, including home occupations. Variance Findings: In consideration for the Use Variance, the Petitioner must substantiate those conditions unique to this lot that justify the granting of the relief being sought from the Principal Permitted Use for a single-family dwelling. In granting of the Use Variance the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Suggested Conditions: If the Board finds to grant the requested Use Variance, they may wish to consider the following conditions: 1. The property shall conform to and be maintained in its existing condition, in accordance with the submitted sketch plan prepared by Cape Cod Survey Consultants and dated December 15, 1983. 2. The total number of bedrooms or size of the dwelling shall not be increased or expanded without further relief from the Zoning Board of Appeals. 3. The locus shall comply with all Town of Barnstable Building and Health Divisions Regulations. Attachments: Applications Copies: Applicant/Petitioner Assessor's Cards Building Commissioner Facts and Decision for Appeal No. 1983-106 Sketch Plan 2 BAMMSM _ 161A Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-98 -Sethares Use Variance to Section 3-1.1(1) Principal Permitted Uses Summary: Denied Applicant: Betsy Sethares Property Address: 44 Stevens Street, Hyannis Assessor's Map/Parcel: Map 309, Parcel 166 Area: 0.24 acre Building Area: 1,977 sq.ft. Zoning: RB Residential B Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal is a 0.24 acre lot on the northwest corner of Stevens Street and Murphy Way in Hyannis and is commonly addressed as 44 Stevens Street. The property is improved with a 1,977 sq. ft. two-story wood frame house. On December 30, 1983, the Zoning Board of Appeals granted Special Permit No. 1983-106 for a family apartment on this property. This'space was originally an attached garage converted to a bedroom and bathroom. When the Special Permit for the family apartment was approved, the owner at that time added the kitchenette. The Town's 1983 Zoning By-law allowed family apartments in all residential districts in accordance with Section V, provided a Special Permit was first approved by the Zoning Board of Appeals. Sub-section 7 of Section V- Discontinuance-that stated: (a) "Within 60 days from the date the person or persons residing in the family apartment vacate the premises, the owner or his representative shall remove the kitchen facilities and request the Building Inspector to inspect the premises." (c) "The premises shall be restored as nearly as possible to the original character of the buildings as they were before the family apartment was created." Evidently, this was not done. Sometime after the family member(s) moved out, the apartment unit was rented out to the general public. The applicant has owned the property for about 7 years and has stated that it was sold to her with a tenant already renting. The property is located in a RB Residential B Zoning District which only permits single-family residences as-of-right. Two-family residences are not allowed as either an accessory or conditional use in this zoning district. The applicant is, therefore, requesting a Use Variance to Section 3-1.1(1) of the Zoning Ordinance to legitimize the current use of the property as a two-family dwelling. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on June 22, 1998. A 60-day extension of time for hearing the appeal and for filing the decision was executed by the applicant and Board Chairman. A copy of that extension is contained within the file. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 26, 1998, at which time the Board denied the applicant's request. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-98-Sethares Use Variance to Section 3-1.1(1)Principal Permitted Uses Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Ron Jansson, Richard Boy, Gene Burman, and Chairman Emmett Glynn. Betsy Sethares represented herself before the Board. Ms. Sethares gave a background of the property. When she bought the house, she did not know about the Town laws and it was stressed (by the seller)that there was a tenant already in the unit. The unit has been rented out with no problems or complaints. Earlier this year, Ms. Sethares was notified that the use of the property as anything other than a single family home is illegal. She immediately asked the tenant to leave and is now seeking to legalize the use of the property as a two-family home. As to Variance conditions, Ms. Sethares explained that the subject property is located directly across from an intense urban district. Right across the street is a car dealership with an auto body and repair shop. Next to that is a multi-family condominium unit and to the right of that is the Hyannis Fire Station. To the left of the property is an area with many multi family units. Her property is located in a"transition zone" between residential and non-residential districts. She also reported she has suffered a great financial loss because the money she received from renting that unit has helped to pay the mortgage. To grant the relief requested would not be detrimental to the neighborhood because the house is connected to Town sewer and water. The apartment has its own driveway and from the front of the house it gives the appearance of a single family home. Ms. Sethares stated she does not rent to a stranger nor to more than one person and, because she lives in the house on a year-round basis, she can monitor the rental unit. She stated the Board can limit the Special Permit to her name only and with the condition it not be sold as a multi-family dwelling. Public Comment: No one spoke in favor or in opposition to this appeal. There are letters of support from William&Joanne Dickson and Andrew S. Crowell &William S. Landry contained in the file. There was a discussion the issue among the Board members noting that: • The Local Comprehensive Plan recommends that Use Variances not be granted in residential areas. • A financial hardship-in and of itself-does not warrant the granting of a Use Variance. • The location of the property, although in a residential area, there are business uses directly across the street. • The applicant could -as of right-rent this property to three lodgers, and the proposed use (to rent to only one person) is less intense than what is allowed as of right. Findings of Fact: At the Hearing of August 26, 1998, the Board voted on the following findings of fact as related to Appeal No. 1998-98: 1. The applicant is Betsy Sethares. The property is issue is 44 Stevens Street, Hyannis, as shown on Assessor's Map 309, Parcel 166 in an RB Residential B Zoning District and AP Aquifer Protection District. The site is a 0.24 acre lot and is improved with a 1,977 sq. ft. two-story structure. 2. The applicant is seeking a Use Variance to Section 3-1.1(1) Principal Permitted Uses. 3. On December 30, 1983, the Zoning Board of Appeals granted Special Permit No. 1983-106 for a family apartment on this property. The apartment has been occupied since that time, even though the family apartment was vacated by a family member, it was still maintained as an apartment. When the applicant bought the house with the apartment, they were lead to believe the apartment was an occupiable rental unit. 4. The house is located in a residential neighborhood. The subject property itself is located on the district line between a residential and an urban district and faces the urban district. Located directly across the street is a car dealership with the auto body shop facing the subject property. 5. Further down the street is the Hyannis Fire Station and another car dealership. 6. Office and commercial buildings are within the view of the subject property. 7. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 8. The property is connected to Town Water and Town Sewer. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-98-Sethares Use Variance to Section 3-1.1(1)Principal Permitted Uses The Vote was as follows: AYE: Gene Burman, and Gail Nightingale NAY: Richard Boy, Ron Jansson, and Chairman Emmett Glynn Decision: Based upon the findings a motion was duly made and seconded to grant the Applicant the relief being sought in Appeal No. 1998-98 with the following terms and conditions: 1. The rental apartment is restricted to one occupant. 2. This Use Variance is restricted to the applicant only and not transferable. The Vote was as follows: AYE: Gene Burman, and Gail Nightingale NAY: Richard Boy, Ron Jansson, and Chairman Emmett Glynn Votes cast in the negative were made because those members felt the relief requested would go against the Local Comprehensive Plan policies,that Variance Conditions were not demonstrated;and to grant the relief would be a substantial detriment]to the public good and not within the spirit and intent of the Zoning Ordinance. Order: Appeal Number 1998-98 has been Denied. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 1998 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 oFtMME ro Town of Barnstable BARNSTABLE, » Regulatory Services 9�A 039 �� Thomas F. Geiler, Director rFD MA'S A Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Dave Mattos FROM: Lois Barry DATE: 8/6/03 RE: 44 Stevens Street,Hyannis Please call owner,Betsy Sethares, on!8/12.between'8:30-9:30.to schedule an inspection to verify that the kitchen has been removed from the former family apartment. This property has been in our"pending" family apartment category, and Tom wants to have it resolved. Ms. Sethares says the kitchen was removed years ago and it was inspected,but we don't have a record of the inspection. Please sign below to verify. INSPECTION T VERIFY KITCHEN WAS REMOVED FROM FORMER FAMILY C ON O APARTMENT AT 44 STEVENS STREET, HYANNIS DATE: l 1 INSPECTOR: �oF'THE r Town of Barnstable BAMMBLE, : Regulatory Services MASS. ,e� 39. 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 Betsy Sethares 44 Stevens Street Hyannis, MA 02601 Re: Family Apartment, Appeal No. 83-106 44 Stevens Street, Hyannis Dear Ms. Sethares: x' Thank you for your telephone call in response to our letter. Our records do indicate that` the Zoning Board of Appeals denied your request for a Use Variance, Appeal No: 1998-98. Please complete the enclosed building permit application to verify the removal of the apartment and return it to us with a$25 fee. We will then schedule an appointment for our inspector to verify that the apartment has been removed. If you have any questions, please call me at 508 862 4039. Sincerely, k * d Lois Barry Division Assistant ' .. Enclosure J030127a okTMe The Town of Barnstable IAMWABM Department of Health Safety and Environmental Services 1°rEc nw�" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 25, 1998 Betsey Burrell 44 Stevens Street Hyannis MA 02601 RE: Map 309/Parcel 166 Dear Property Owner: Our records indicate that your house at,44 Stevens Street,Hyannis,MA is currently being used as a two- family home contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: 1) apply for a building permit to restore the property to a single-family home. 2) apply to the Zoning Board of Appeals for a variance 3) prove that these are legal two-family. You must contact this office immediately to tell us what direction you wish to take. Sincerel y, /. (/ Gloria M.Urenas Zoning Enforcement Officer GMU:kl P97031la �pF SME Tp� + BARNSrABM 639: ,.� The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner December 8, 1997 Burrell 44 Stevens Street Hyannis, MA 02601 Re: Family Apartment located at above address Dear Ms. Burrell, Our records indicate that there has been a change of property ownership since the family apartment had been approved by the Zoning board of Appeals. Therefore you must contact this office as soon as possible to discuss die necessary steps towards compliance with the Town of Barnstable Zoning Ordinance. Thank you in advance, G Ralph Crossen Building Commissioner WE The Town of Barnstable + BARNSTABL& • NAM �•� Department of Health Safety and Environmental Services ArEDMA�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 5, 1998 Ms.Betsey Burrell 44 Stevens Street Hyannis MA 02601 RE: 44 Stevens Street,Hyannis,Mass.(Map#309/166� Dear Property Owner: We are sorry you have chosen not to cooperate with this office in restoring your home to a single-family dwelling. Since you do not want to comply with the Zoning Board of Appeals,we are forced to pursue a complaint in District Court. Sincerely, qori .Urenas ZONING ENFORCEMENT OFFICER GMU/kl glamily apt:309.166 V dv� ems. S f tl � 1 II Joseph D. DaLuz 1 Telephone: 790-6227 Building Commissioner i TOWN OF NARNSTABLK BUILDING DEPARTMENT TOWN OFFICE BUILDING HYANNIS , MASS. 02601 October 19 , 1990 Melvin H. and Eleanor M. Grossman 44 Stevens Street Hyannis, MA 02601 Dear Mr. and Mrs. Grossman: Please contact me within fourteen days regarding the status of the apartment located at 44 Stevens Street. My normal office hours are 8:30 - 9 :30 A.M. and 1 :00 - 2:00 P.M. , Monday through Friday. Peace, k 6Zseph D. D Luz Building Commiss.ioner . JDD:km cc Town of Barnstable Zoning Board of Appeals Joseprn D. DaLuz Telephone ,`. �5-1120 Building Commissioner Ext. 107 TOWN OF BARNSTABLE BUILDING DEPARTMENT "TOWN OFFICE BUILDING HYANNIS, MASS. 02601 April 26, 1989 Melvin H. and Eleanor M. Grossman 44 Stevens Street Hyannis, MA 02601 Re: Appeals No. 1983- 106 Dear Mr. and Mrs. Grossman: On December 29, 1983, the Board of Appeals granted a special permit to Jacques N. Morin for a family apartment under Section V, "Family Apartments" in the Town of Barnstable Zoning By-law. The by-law permits accommodations for a kitchen and bath to supply a year-round residence for a member or members of the property owner' s family for whom the special permit was granted. Said permit is non-transferrable and any and all sales negate the special permit . Any similar use can only be granted by the Board of Appeals if conditions so warrant. Our records indicate that you are the owner(s) of said Property to which a family apartment was authorized by the Board of Appeals. Should this be the case, you would be in violation and said unit must be removed. It should also be noted that said authorization was required to have been filed with the Registry of Deeds in order to prevent any violation of the special permit. Therefore, this office will require that an affidavit be filed in the Building Department , Monday. - Friday from 9:30 A.M. through 1 :30 P. M. Please be advised that this office shall strictly enforce the provisions of this by- law. Conviction of a v,iolation of this by-law is subject to a fine of $100 per day for each day from the established date of offense and, also, subject to a criminal complaint to issue from the First. District Court of Barnstable. Peace, rU2oseph D. aL Building Commissioner JDD/km cc Board of Appeals PP s Town Counsel r IVVV � s TOWN OF BARNSTABLE ►>>�r . Zoning Board of Appeals '83 VC 30 PH ?_ 56 JACQUES N. MORIN Deed duly recorded in the Property Owner: SAME County Registry of Deeds in Book Page _ __.._. .._.., __.._.-_---_.Registry Petitioner District of the Land Court Certificate No. _._ __. .... _.__. ..._. .. _ _ Page ..., .. Book Appeal No. 19.83=1.Q.(Z..._._. .__ .December 3�z. W.._.._ 43, FACTS and DECISION Petitioner _Jacques N. Morin filed petition on 19 83 requesting a Av permit.for premises atil+ 5. �Y..��s,,,�,><,reAt..,,,,.,_-;......_,,,_, _„�_ �� in the village (Street) of . .n.__HX. 17t1.1. ..__ ___. .. . adjoining premises of. ._._._...._. (see attached list) Locus under consideration: Barnstable Assessor's Map no. ......3.09....._....... ... _ lot no.16.6 Petition for Special Permit:. Application for Variance: ❑ made under Sec.._ ._...11___..._ ._ ____... ... ,... of the Town of Barnstable Zoning by-laws and Sec. ._.: _._.._..........._ Chapter 40A., Mass. Gen. Laws for the purpose. of Fami I apartment Locus is presently zoned in ___ RB.:.. _:..................__............__. .....:.._:....... .... _._._... _____._..._. _ _.w__ ...... Notice of this hearing was given by.mail, postage prepaid, to all persons deemed affected and by publishing :in Barnstable Patriot newspaper published in Town of Barnstable a copy -of which is attached to the record of these proceedings filed with Town Clerk. A.public, hearing .by the Board of Appeals. of the Town of Barnstable was, held at the Town Office Building, Hyannis, Mass., at _.. $ 45 ��( lY p M _,December 1 , _..___.._.._ .._ J3 upon said petition under zoning by-laws. Present at the hearing were the following members:. ' Richard L Boy.... . .__.� __... Luke_P. Lally _ _ _ Ga i.l N lghti nga,Ie�__„__ Chairman . r At the conclusion of the hearing, the Board took said petition under advisement. A view of the ds was made by the Board. Appeal.No 1983-106 Page _ _2 of 2 On _ December 29 8 -------- •---t+ ------ -- • _-___. _ _ 19 -_.3 , The Board.of Appeals found The petitioner, 'Jacques Morin represented himself and petitions fora Special Permit for a family apartment at 44 Stevens Street, Hyannis in a Residence B zoned district. The petitioner seeks to make a legal family (year-round apartment) for use by his in-laws. Initially this was anattached garage- at one time was converted to a bedroom - .the petitioner hasJ ust. installed a bathroom (full) to replace an existing half bath. He would like to add:.a kitchenette to the existing area - this would create a family apartment with a separate entrance. The .applicant feels that he is in compliance with Section V of the zoning by-laws, and understands that once this use by a family members expires . itthen becomes abandoned. The zoning by-law requires that the family apartment shall contain not more than 50% of the square footage of the existing building to which it. is being attached or contained within. The petitioner. must submit to the Board a plan of the land in triplicate before they, can take action: on his petition. The petitioner ..submitted..the necessary plans to the Board-as requested. The Board voted unanimously to. grant the request for a Special Permit for a family apartment at 44 :Stevens Street, Hyannis. n (� I, --!y.u'v - •--•=• ••i¢ � ---- -- - S '7 ; 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 ��`� ..... dayof _...... ..._. _� .. A`J -•••• 19 � . -.._ under the pains and penalties of perjury. Distribution:— Property Owner Town Clerk Board of Appeals Applicant Town of ebl Persons interested Building Inspector Public Information By '— Board of Appeals Chairman I 3 E R309 1 t-,6. ] LOC]0044 STEVENS STREET CTY 3 07 TDS 3 400 HY KEY] 224386 -----MAILING ADDRESS------- P A 3101 1 PCS]00 YR]00 PARENT] 0 GROSSMAN, MELV I N H °: MAP] AREA]G3BC JV 3 MTG]O000 GROSSMAN, ELEANOR M 3P13 SP23 3P31 44 STEVENS ST UT 1 ] UT2 3 . 24 SQ FT 3 1977 HYANN I S MA 0 601 AYB 31940 EYB 3 1975 OB S 3 CONST 3 0(.)Oo LAND 4020o IMP 87100 OTHER ----LEGAL DESCRIPTION----- TRUE Mk.:T 127300 REA CLASSIFIED #LAND 1 40,200 ASS LND 40200 ASD IMP 87100 ASS OTH #BLDO(S)-CARD-1 1 87, 100 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL.. 44 STEVENS :STREET HY TAX EXEMPT . # DL LOT 3 RES I DENT I_ 79300 127:300 127300 #RR 1535 0071 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE 310/88 PRICE] 126000 ORB 3649 /1 c.0 AFD 3 I TE LAST A►a:TIVITY312/07/88 PCR]Y