HomeMy WebLinkAbout0361 POPONESSETT ROAD ..
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The Town of Barnstable* '
• l,MSTASLE, •
'0 ���' Department of Health Safety and Environmental Services
A,Fo Mo't" Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
December 4, 1997
Danuta Jurcyzk-=
361'Poponessett Road
Cotuit,MA-02635
Dear Mr.Jurcyzk:
Congratulations on your approval at the Zoning Board of Appeals for a family apartment. Don't
forget to have your contractor come in to take out a building permit for the work. We will be more than
happy to help you as needed..
Sincerely,
Ralph Crossen
Building Commissioner
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Town of Barnstable
Planning Department
Staff Report
Appeal Number 1997-125 - Julrczyk
Special Permit-Family Apartment-Section3-1.1(3)(D)
Date: November 21, 1997
To: Zoning Board of Appeals
From:
Robert P. Schemig, Director
Art Traczyk, Principal Planner
Applicant:.................:..................... uta Jurcz I
Property Address...................... ...361 Poponessett Road, Cotuit, MA
Assessor's Map/Parcel.............. . Map 019, Parcel
Area Building Area: ....1 160 sq..ft.
.............................................. . acres......... ..........................
Zoning:............................................RF Residential F Zoning District
Groundwater Overlay....................AP-Aquifer Protection Overlay District
Filed:Oct. 16, 1997 Hearing:Dec.05, 1997 Decision Due:90 days
Background:
The applicant is requesting a Special Perm-it for'a Family Apartment pursuant to Section 3-1.1(3)(D) of the
Zoning Ordinance.The property is addressed as 361 Poponessett Road,.Cotuit, MA. ,The site is.a 0.55
acre lot with a 1 story, 1,160 sq.ft., 3 bedroom single family dwelling. The dwelling was built in.
approximately 1950.
The Assessor's database shows the applicant as the owner of the property, and that it was purchased in
December of 1996:
Staff Review:
The applicant is proposing the family apartment as an addition to the dwelling measuring 14 feet by 40
feet or 560 sq.ft. That figure represents 48%of the present area of the home and is within the 50%.
limitation set for a family apartment.
The apartment is to be occupied by Miroslana Danek, the applicant's mother.
From information submitted, the existing dwelling and the proposed area for the addition will.conform.to all
required setbacks.
Floor plans were submitted with the application, showing a combined living, eating and kitchen room, a
bedroom and a full bathroom in the apartment unit.
Within application there is a statement that reads"Addition of Family Apt to existing house Foundation +
modular unit. All hook-ups for Apt.to my house:" Staff assumes this is a factory made unit that will be
placed on a foundation and will constitute a permanent addition to the dwelling. The applicant should
confirm this to the Board.
Given that the apartment use must be abandoned when the family member leaves or when.the property
changes ownership, the applicant should plan for the interior unification of the apartment unit with the main
dwelling.
Source-Town of Barnstable-Assessor's.Records
� t
Town of Barnstable-Planning Department-Staff Report _
Appeal Number .1997-125 - Jurczyk
Special Permit-Family Apartment-Section 3-1,1(3)(D)
The property is serviced by Town Water and by private on-site wastewater disposal. The applicant should
be prepared to present information that the current septic system can accommodate the additional
bedroom:
Special Permit Findings:
In addition to meeting all of the provisions of Section 3-1.1(3)(D), the granting of a Special Permit requires
the following finding of facts to be made by the Board (as required under Section 5-3.3(2)):
• that the'application falls within a category specifically excepted in the ordinance for a grant of a
Special Permit, (Special Permit pursuant to Section 3-1.1(3)(D) -Family Apartment-is permitted in all
residential Zoning District provided all requirements are met.),
• that a site plan has been reviewed and found approvable in accordance with Section 4-7 (Single and
two-family dwellings are exempt from the provisions of site plan review according to section 4-7.3 (2)),
and,
• that after evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the
zoning ordinance and would not represent a substantial detriment to the public good or the
neighborhood affected.
Staff Recommendations:
If the Board should find to grant relief requested, it may wish to consider the following conditions and staff
recommendations:
1. The on-site septic system shall meet Title V without variance from the Board of Health.
2. The family apartment shall not exceed 560 sq.ft.and shall be built as represented in plans submitted
to the Board and contained within the file.
3. The Family Apartment shall comply with the restrictions of Section 3-1.1 3(D). Affidavits reciting the
names of family relationships among the parties seeking approval shall be signed annually for the
duration of such occupancy..Renting, leasing or subleasing of the unit to any other non-family member
is not permitted.
4. The locus shall comply with all Town of Barnstable Building and Health Division Regulations.
Attachments; Assessor's Card
ZBA Application Form
Field Card
Assessor's Map
2
i
Town of Barnstable-Planning Department-Staff Report
Appeal Number 1997-125 - Jurczyk
Special Permit-Family Apartment-Section 3-1.1(3)(D)
Copy of:
Section 3.1.1(3)(D)- Family Apartments
D) Family Apartment subject to the following:
a) Not more than one(1)family apartment is provided.
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.
c) The residential character of the area is retained as nearly as possible.
d) The family apartment contains not more than fifty percent(50%) of the square footage of the
existing residential structure if being proposed as an addition thereto.
e) All setback requirements of the zoning district within which the family apartment is being
located are complied with.
f) The property owner resides on the same lot as the family apartment.
g) The family apartment is occupied by members of the property owner's family only.
h) The occupancy of the family apartment does not exceed two (2)family members at any one
time.
i) The family apartment is the primary year-round residence of the family member(s) residing
therein.
j) The family apartment will not be sublet or subleased by either the owner or family member(s) at
any time.
k) Scaled plans of any proposed remodeling or addition to accommodate the family apartment
have been submitted by the property owner or his or her agent to the Building Commissioner and
the Zoning Board of Appeals.
I) Prior to occupancy of the family apartment, affidavits reciting the names and family relationship .
among the parties seeking approval have been signed and shall be signed annually thereafter for
the duration of such occupancy.
m) Prior to occupancy of the family apartment, an occupancy permit shall be obtained from the
Building Commissioner.
n) No such occupancy permit shall be issued until the Building Commissioner has made a final
inspection of the proposed family apartment.
o) Within sixty (60) days from the date authorized family members vacate the family apartment,
the owner or his or her agent shall remove any kitchen facilities in such unit and notify the Building
Commissioner to inspect the premises.
p) In addition to the provisions of Section 3-1.1(3)(D)(o) above, upon vacation of any family
apartment, the premises shall be restored as nearly as possible to their state prior to the creation
of such family apartment.
q) The Building Commissioner shall have the right to further inspect the premises upon which a
family apartment has been vacated at least three (3) times per year for three(3)years
consecutive from the time of such vacation:
3
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BEWD a ()SOU
., ExFp� ,,—�ft Bpi ZOWG HAS
TOWN. OF SARHSTABLEBE APP_pa��0MCER 7DPRIAM
f
Zoning Board of Appeg IVUMST R LIEFGIVEA?T
- - A�Qrication for Family Apartment Special Permit .
Date Received For office use only:
Town clerk Y3ffice i _ ACT 6 199T Appeal $ 'I R'1 = / -
-. Hearing Date I� e3 97
�=C�ini
Decision Due
The undersigned hereby app ies to the Zoning Board of Appeals .for a special,
Permit .for the development and maintaining of a Family Apartment in accordance
with. section 3-1.1(3) (D) of the Zoning ordinance, .in the manner and for the
reasons hereinafter set forth:
J N o �
Applicant Name: .4 UT.4 LJJ?C.2ll` , Phone
Applicant Address: 3G/ ROP1AI - SET��
Property Location: IPD E
Property owner: aAAA-17-4 Phone -) ,9C 0 -273t.
Address of owner: 6 )L A)J_65L7- 0, 8. O
rf applicant differs from owner, state nature of interest:
Al ,
.
Number of Years Owned: Tie, Ln 9 (DI,c�ZC�i,gS�1j /A//A19&
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Assessors Hap/Parcel Number:
Zoning District: RB [ ], RB-1 [ ] , RC (.] , RC-1 [ j ,. RC-2
RD [ ]. RD-1 t ] . RF . K RF--1 [ J , RF-2 [ ] .
RG IJ. RAH [ ] i. PR [ -
Groundwater overlay District: AP [ ] , GP [.] , (WP ( j 7
s � ev
Name(s) and relationship of the family .members to occupy the Family Apartment:
Name: �/�/�/i�� Relationship to owners: /y1 07/f e-P--
Name: Relationship to owners:
The Family Apartment is to be developed:
[ j within the existing single family structure. z
as an addition to the existing single family structure.
[ ] in an existing accessory building.
[ j. other -. Please Explain:
Application for Family Apartment Special Permit
Description of Construction Activity: T D F
SL-/.�5 T7/✓G� /V lt.6 Fa A-A)D A 7-/olt) 1A 0 l,L�-y4,� !/itJ/ �1.� 11V
yvu.--I
Proposed Gross Floor Area of. the Family Apartment Unit: ly O sq.ft
The Gross Floor Area of the Existing Single Family Dwelling Unit: sq.f
Do all structures,' existing and proposed, comply with all setback
requirements for the zoning District in which it is located? . . . . . . . Yes�q No
Will this be the permanent address of the occupant(s) of the
Family Apartment: .. . .. ....... .. . . .. . .. . .. . . . . . .. . . . . . . . . . . . .. . . . . . . Yes M No
If no, . Please Explain
Is the property located in an Historic District? Yes[ ] No
If yes ORE Use only:
No Exterior Changes. .. . . . . . . . . .
Plan Review Number
Date Approved
Is the building a designated Historic Landmark? Yes[ ] No
If yes Historic Department Use Only:
Date Approved
Is the .property served by public water supply? Yes No(
Is the property on private septic? Yes No[
If yes Health Department Use Only:
Title V System Yes[ ] No[
Date Approved
signature:. C Date:
App icant or Agentesi na ure
Agent's Address: Phone:
Town of Barnstabll
Family Apartment Affidavit -
I 4A_J(y7,-* t!VALC�VZjj being on oath, depose 'and state se follows
1. I reside at Jkl )OoPai✓fJ_X) T CowiT 9h f1- that I have owned
since/9�, and which is my domicile and principal residence. The property is
shown on Barnstable Assessors Hap and Parcel Number 1,�1,9/ 11,7. ..
2. On , 19 ,the Zoning Board of Appeals, in Appeal No.
granted to me a Special Permit to develop and maintain a .Family Apartment .in
accordance with Section 3-1.1(3) (D) of. the Zoning Ordinance and in agreement wit
condition of that Special Permit at the premises above.
3 The following members of my family will be the sole occupants) of the Family
Apartment Unit
Name:�!/,e 0&,4JVA 2),4-"a , Relationship to owner: !�207W 6
Name: , Relationship to owner:
I understand that the Family Apartment:
* shall only be occupied by members of my .family who are persons related to me
by blood or by marriage,
shall be the primary year.-round residence for the identified .family members,
* shall not be sublet or subleased to any other person(s) , and
* shall, at all times, be in compliance with all conditions 'of the special
Permit issued by the Zoning Board of Appeals, including .plans and commitmenI
made in the application and approved by the Board..
This affidavit shall be filed annually with the Building Inspectors Office and is
the unit shall be vacated. by the above identified family members, I .shall within
30 days notify the Building Inspectors Office of that and shall immediately
proceed with the removal of the .family apartment unit-_I_L.
In the event of the sale or transfer of ownership of the above property, I shall
notify the building Inspectors office and .shall surrender the special Permit for
this Family Apartment.
Soh
sworn to under the pains and penalties of perjury this day of OB 194
signature:
(please Print) Name: N!/T7� 2C�V , Phone
Hailing Address: T0 . ���.5�2� EO'TUi�
Sk III OS22-01 g
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12-12-199G a 01 C 35
QUITCLAIM DEED
f 'M,
I, John J. Coughlin, of Wellesley, Norfolk County,
Massachusetts, `
:n
T e for consideration paid of
Eighty-Three Thousand ($83,000.00) Dollars;
grant to Danuta D. J ur cz
k of 3 ..Y 61 P 0 ones
Ba sett R P rns Road,t
a•• able Cou Cotui nt t
y, Massachu
setts etts02635, -
43
with QUITCLAIM COVENANTS
F 0
F The land, together with the buildings thereon, situated in
Barnstable (Cotuit) , Barnstable County, Massachusetts, and r
r* {t b bounded and described as follows:
= „ A certain parcel of land together
uis
thereon, situated in the Village of Cotuit, Town andldinCounty of
v, Barnstable, Commonwealth of Massachusetts, and being lot No. 158B
on a plan entitled 'Resubdivision of Cotuit Highground, Cotuit
o Mass." dated March 20, 1950, made by Fred A. Joyce C.E. and
o recorded in Barnstable County Regist of� �•� `. a in
at page 47. Said Lot is shown on said Plan Deassboundedn Book 94
NORTHERLY:
by Poponessett Road, 103.32 feet;
rEASTERLY: by Lot 158A on said plan, 288.79 feet;
f F k SOUTHERLY: by land of owners unknown, 31.68 feet; and ?
'moo WESTERLY: b
y Lot 159A on said plan, 102.05 feet.
N Containing 24,105 square feet according to said Plan. q
N
Said :7
� ` • �, premises are conveyed subject to and with the benefits
k of the zoning by-laws of the Town of Barnstable, such rights as
a, were acquired by a deed made by Robert T. Fowler to the Cape and
Vineyard Electric Company and New England Telephone an
Company dated Februaryq P d Telegraph
Deeds Book 741 � 1950, recorded with Barnstable County
' , Page 471, and restrictions set forth in deed of }
Robert T. Fowler to John L. Kelly et al., Trustees, dated
February 14, 1950, and recorded in Barnstable County Deeds in
Book.743, at page 91,
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Skr 1.0522-017
Being the same premises conveyed to John J. Coughlin and
�4wT.
Isabelle C. Coughlin, husband and wife as 'tenants by. the
entirety, by deed of Hubert W. Ward and Virginia A. Ward, dated
March 30, 1960, and recorded with said Deeds in Book 1073,
Page 151.
WITNESS my hand and seal this day of ;
Jo Cat hlin.
, ..
r= -' CO 02�PSALTH OF HMSACHUSETTs
so Massachusetts.
1996
- Then personally appeared the above-named John J. Coughlin
and acknowledged the foregoing instrument to be .his free act- and
deed, before me :,..„,...„,,:..
Notary
My Commission 8xpires:
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BARNSTABLE REGISTRY OF DEEDS
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PROPERTY ADDRESS I I ZONING I DISI HICT CODE SP-DISTS.I DATE PRINTED I STATE CLASS I PCS I NBHDI 'PARCEL - KEY NO. ,
0361 POPONESSETT ROAD 01 RF 200 01CT 07/09/95 1011 OU 03A"B R019 117. - 7067
LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Y UNIT ADJ'D.UNIT C OU6 HL I N-. J OH N -.1 8
Lane altDate 5�:e D�men"of LOC./YR.R.SPEC.CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE DascriP,ion .MAP-, '
CD. FF.De tNAcres '#LAND 1 46,500 CARDS IN ACOUNT .-
L" 10 1BLDG.SIT 1 x .5 =10C 141 59999.9S 84599.9 .55 46500 #BLOG(S)-CARD-1 1 40P7.00 01 OF 01
A #PL 361 POPONESSETT OST 8720C
N BATHS 1 .0 U x C= 100 3500.00 3500.00 1.00 35JO a #RR 1301 0103 ARKET 73500
0 - NO BSMT S x C= 100 6.5 6.50 1160 7500-a INCOME.
FIREPLACE U X C= 100 3100.0 3100.00 1.00 3100 B SE
A PPRAISED VALUE
D 870,200.
D J ARCEL SUMMARY
T
A AND 46500
A T , LDGS 4070C
-IMPS
M OTAL .87200
F E CNST
E N DEED REFERENC T DATE , „�, R I O R YEAR :V A L U E
A T Book Page Inat' MO. vr.Ip Satan AND 46500
T S i 1073/151, 00/00 LDGS 40700
U I I
OTAL 87200
R
E BUILDING PERMIT
STIMATED-83
S Numb- Data Tvpa Amount -
LAND LAND-ADJ INC ME SE SP-BLDS FEATURES BLD-ADDS UNITS
46500 900-
Class Cans,. Total Base Rate Aoj.Rata Y Buill Age Norm. Obsv.
Aear CND L- 4b R G Rap!Cost Ne. Ad, Rept Value Stones Height Rooms Rms Baltu a For. Partywaa Fap.
Units Units 1 Dept. Cono
.
01C- 000 100 100 53.95 53.95 50 65 29 66 100 66 61682 40700 1.0 5 3 1.0 4.0
Description Rate Square Feet Repl Co MKT.INDEX: 1.00 IMP.BY/DATE. / SCALE: 1/01.00 ELEMENTS CODE CONSTRUCTION DETAIL
S BAS . 100 53.95 . 1160 62582 bRUSS AREA 116U SINGLE FAMILY. DWELLINGCNST GP:
*------------ STYLE 03 ANCH 0.0
T 4 ESIGN AOJMT 00 --------- - -0.0
R
! *--------18-------* XTER:WALLS 0t 00D FRAME 0.0
D ! ! " EArt/AC-TYPE- -02 1As--------------`0.0
D ! ! ATE9 pi-hlISH- -00 ------------------ 0.6
T ! ! NTERLAYOUT- -01 ------------------1T.0
U ! ! �NTrR.*AUALTY -02 WE-A3 ERT-rk- 1T.O
R � . LOOK STRUCT- QO-------------------0.0
A W28 BASE ! E LOO9 C01(ER-- -D0 ------------------- 0.0
L D 116D ! 24 0OF"TYPE---- -_00 ------ ------------fiJ-._0
E Total Areas Ana_ Base_ p /� 7 ---------------
BUILDING DIMENSIONS ! ! L g C T R I l'A L 0D L/a 1J
T BAS N28 E26 SO4 E18 S24 W44 ! ! 0U1dDAT26N- - DO -----------------93T=9
A -------------- - ----------------------
! -----NEION80RN066 03A8-C610IT ----
L ! ! LAND TOTAL MARKET
! PARCEL 46500 87200
x---------------------44--------------------* AREA 4439
VARIANCE +0 +1864
STANDARD 25
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