HomeMy WebLinkAbout0039 LOUIS STREET i
Town of Barnstable Building
Post:This'Card So That it+is Nisible`Fromahe,5,treet Approved Plans.Must be Re"twined on Job and Phis Card�Must be Kept
*' eARN3TAr3L6, • :�'.
�► M �€; Posted Until
Final Ins ection Haas Been MacJe g
,,f; p� ... : .g x°' ".:pr'�-i.z' -:; a- .? •a- � # 'a <P„ .,� 'B Permit
� a Wher•,,e a Certificate of Oecupancy is Required,sucfi Building shall Not be Occ pied until a Final InspectionEVhas been made i
Permit No. B-19-2999 Applicant Name: Brien Langill Approvals
Date Issued: 09/25/2019 Current Use: Structure
Permit Type: Building-Solar Panel-Residential Expiration Date: 03/25/2020 Foundation:
Location: 39 LOUIS STREET, HYANNIS Map/Lot: 309-201 Zoning District: OM Sheathing:
Owner on Record: COHEN, ELI&CECILLE V TRS Contractor Name: BRIEN LANGILL Framing: 1
Address: 84 ROOSEVELT ROAD Contractor Licenser CS-106675 2
MEDFORD, MA 02155 Est. Project Cost: $ 13,167.00 Chimney:
Description: ***39 Louis Street#1F*** Permit'Fee: $ 117.15
Installation of roof mounted photovoltaic solar systems, 19 panels Insulation:
5.985 Fee Paid:. S 117.15
Date: 9/25/2019 Final:
Project Review Req:
Plumbing/Gas
Rough Plumbing:
Building Official
Final Plumbing:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six month""after:issuance.
All work authorized by this permit shall conform to the approved application and h6 approved construction documents'forwhich tl is permit has been granted. Rough Gas:
All construction,alterations and changes of use of any building and structures shall 6e in compliance with the local zoning by laws and codes.
This permit shall be displayed in a location clearly visible from access street or;ro#&and shall be maintained open for publicans ,ect�on for the entire duration of the Final Gas:
work until the completion of the same.
' — Electrical
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this";permit.
Minimum of Five Call Inspections Required for All Construction Work ' h ;
Service:
1.Foundation or Footing „ � Rough:
2.Sheathing Inspection
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Final:
5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy
Low Voltage Final:
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction.
Final:
"Person ntracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A).
r Building plans are to be available on site Fire Department
Final:
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT
c
Town of Barnstable Building .
'_ P st This Gard So,That rt Is,Uisib[eFrom the Street ,�►pprovgd.Plans I1Ausi be'Retamed on J.ob and this Card IUlust;be Kept` ,- ,.
ra,�: �' Posted�Until-Final Inspection Has Been Made ��; `� �16 s m
1 k :'. „� c '-i . : s ', +. gz . . P e rill
�" Where a Certificate of�Occupancy is Required,such Bu�ldmg�shall Notsbe OTccupiedaunt�l a Firta(�Inspection:}iasbeen made lt
Permit No. B-19-2213 Applicant Name: Brien Langill Approvals
Date Issued: 07/16/2019 Current Use: Structure
Permit Type: Building-Solar Panel-Residential Expiration Date: 01/16/2020 Foundation:
Location: 39 LOUIS STREET,HYANNIS Map/Lot: 309-201 Zoning District: OM Sheathing:
OEM
Confractor Name 1,,BRIEN LANGILL Framing: 1
Owner on Record: COHEN,ELI&CECILLE V TRS b
iConfractorLi ense: CS=106675 2
Address: 84 ROOSEVELT ROAD
MEDFORD,MA 02155 � Est Project Cost: $6,138.00 Chimney
:
Description: 39 Louis St 1st Floor REAR rg Permit Fee: $85.00 Insulation:
Installation of roof mounted photovoltaic solar,sy teens,9„panels �
Fee Paitl: $85.00
2.79kW
s
Date. _;/ 7/16/2019 Final:
Project Review Req:
Plumbing/Gas
y Rough Plumbing:
'.� ___� Building Official Final Plumbing:
work h viz b this permit is commenced within six months.after.,issuance.
This permit shall be deemed abandoned and invalid unless the wo auto ed y
All work authorized by this permit shall conform to the approved application apdthe approved construction documents for which this permit has been granted. Rough Gas:
All construction,alterations and changes of use of any building and structures'sha11 be in compliance with the local zonuig�by laws4and codes.
This permit shall be displayed in a location clearly visible from access street or rpad'and shall be maintained open for puLlic inspection for the entire duration of the Final Gas:
work until the completion of the same. ' r
�� � a� Electrical
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are`provided1on this'permit.
Minimum of Five Call Inspections Required for All Construction Work:' �� � Service:
1.Foundation or Footing Rough:
2.Sheathing Inspection
ection
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed
Final:
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection
5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy
Low Voltage Final: �
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction.
Final:
"Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A).
Building plans are to be available on site Fire Department
< Final:
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT
YOU WISH TO OPEN( A. BUSINESS?
For Your Information: Business certificates (cost$g0.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which
you must do by M.G.L.- it does not,give you permission to operate.) Business Certificates are available at the Town Clerk's Office, 1"FL., 367
Main Street, Hyannis, MA 02601 (Town.Hall)
7 DATE: �� J — ��✓ Fill in please:
{ APPLICANT'S YOUR NAME/S: q��1�"/�/J fv A , Ifs—r)As /� � F
�•'.`.r�)I�i'�:Y`r�r:Il t�lll'll� 71F - 1:/ 1 1" l C/ � ) �771 J�J�+ / C%.
&I BUSINESS YOUR HOME ADDRESS: 3`t T
#ice t, t�"�'I1�1��1 i.Fil9lb:vl!li,l �I -
i".'T °` ^' JTELEP O.NE # Home Telephone Number
111fKv '� (�
�'•'.,r.� ants,r>'=tls�::?�¢(,�t �,, �
NAME OF CORPORATION: YA 6-
�i� v4.S
NAME OF NEW BUSINESS I(�iTJ�/ Zn/ )7 S r ) ) 6- `•. TYPE OF BUSINESS
IS THIS A HOME OCCUPATION? V YES NO
ADDRESS OF BUSINESS 21/)-21 MAP/PARCEL NUMBER c — 90f (Assessing)
When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of '
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth
Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town.
1. BUILDING COM ISSIO ER'S OFFICE
This individu I h s e ii-,fq ed f ny p rmit requirements that pertain to this type of businessMUST COMPLY WITH HOME;OCCUPATION
RULES AND REGULATIONS, FAILURE TO
Aut ze re** 00F\!IP1.`? MAY RESULT IN FINES,
/ COMMENT G
2. BOARD O 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 informed of the licensing requirements that pertain to this type of business.
Authorized Signature
COMMENTS:
Town of Barnstable
Regulatory Semees
E `
o Richard V. 5cali,Director
s
Building Division
EAUMAM4
p hrnss. Tom Perry,Building Commissioner
200 Main Street,Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Approved:
Pee:
Permit#: of D/ 0
HOME OCCUPATION REGISTRATION
...... ....... - . -. - -- _ - - --- ... _ ..- - - .-.- - - - -------
Dater s
Name: hone#: y y
Address: (' (>/ Village:��(I�fi}��1/� 5�1�
Name of Business: QA/
TYPe of Business: b�T-1VIap/I ot:�Jy
INTEN 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:
• 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.
a 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.
o 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.
9 There are 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:
a 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 read and agree with the above restrictions for my home occupation I am registering.
Applicant:
Hnmenr-dnr. Rev.10.111 R
f
Town of Barnstable
INE Regulatory Services
Thomas F.Geiler,Director
• Building Division
■ARNSTASL6,
MASS. Tom Perry,Building Commissioner
ArEb Mpt�' 200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Approved--
Fee:
Permit#: o C/
HOME OCCUPATION REGISTRATION
Date:
Name: GAM1 LLPs Le-MOS Phone#:-Log 1123Q -921
Address: is Village: (A Y1V-,i ,
Name of Business: �,E MQ S C.( C A N I N G
Type of Business: C.,L( P N d N Map/Lot: ` yl
INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation
«thin single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity
shrill 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 aiydning other than a residential use;no increase in traffic above normal residential volumes;
and no increase in air or groundmater pollution.
After registration math the Building Inspector,a customary home occupation shall be permitted as of right subject to the
folloi4 ing conditions:
• The activity is carried on by tine permanent resident of a single family residential dwelling unit,located 11ithii
that dwelling unit.
• Such use occupies no more than 400 square feet of space.
• There are no external alterations to die dwelling which are not customary m.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 iivolve the production of offernsive 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,ii 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 mithin the required fiont yard.
• There is no exterior storage or display of materials or equipment.
• There are 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 die 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 ivho is not a pernanent resident of the
dwelling unit.
I, die undersigned,have read and agree with the above restrictions for my home occupation I an registering.
Applicant: Date: 4 l
Honieoc.doc Rev.01/3/08
YOU WISH TO OPEN A BUSINESS?
For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you
must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis.
Take the completed form to the Town Clerk's Office, 1 st FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and fret the Business Certificate that is
b y required � law.
:....._. DATE:�1 I l Fill in please:
APPLICANT'S YOUR NAME/S: M\L1_R �,— M�S
BUSINESS YOUR HOME ADDRESS: 3rA 't� CJ 1 S'C
TELEPHONE # Home Telephone Number
II NAME OF CORPORATION
E/
NAME OF NEW BUSINESS S E PJ t tv'C� TYPE OF BUSINESS l�Ef N 16�J C�
IS:THIS A HOME OCCUPATIONS - YES NO'
ADDRESS'OF BUSINESS }� MAP/PARCEL NUMBER eO�� D J (Assng)
e
When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth
Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your usiness in this town.
1. BUILDING COMMfQAuthd
R's form MUST COMPLY WITH HOME OCCUPATION
This individual"h �inferm o a per it requirements t at pertain to this type of business.
n/l.� RULES AND REGULATIONS, FAILURE TO
ig azure. COMPLY MAY RESULT IN FINES.
C,(]MMENTIU/o
2. BOARD OF ALTH
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 informed of the licensing requirements that pertain to this type of business.
Authorized Signature*
COMMENTS:
a.
'14 -97
r .
LEGAL DEPARTMENT, TOWN OF BARNSTABLE
OCT 2 2 1997 OFFICE OF TOWN ATTORNEY
G ;
Inter-Office Memorandum
9
x
October 21, 1997.
TO: EMMETT GLYNN, CHAIR, ZONING BOARD OF APPEALS
FROM: ROBERT D. SMITH, Town Attorney
RUTH J. WEIL, ASST. TOWN ATTORNEY
RE: REQUEST FOR OPINION IN THE MATTER OF COHEN
Appeal Numbers 1997-101 and 1997-102
OUR FILE REF:NO.: 97-0160
We are in receipt of the following question:
"At the Zoning Board of Appeal Public Hearing on the above referenced
Appeal, The Board requested your opinion and interpretation of Section
M. Specifically, what is the applicability of the Section M portion of the
1980 Zoning Bylaw versus the applicability of the Section M portion of the
1982 Zoning Bylaw. In looking at the 1980 Bylaw, would Section M be
applicable to the conversion of an existing building to apartments.
The Board must determine if the use of the dwelling as five apartment
units in one building and three apartment units in the other building were
created as of right. The Board must look at the changes in 1982 Bylaw
vs. the 1980 Bylaw. The attorney for the applicant is suggesting that
Section M in the 1980 Bylaw did not apply because the building already
existed and the Bylaw states buildings hereafter built. The Board must
determine if Section M also meant to refer to then existing apartment
buildings."
i
5
The first paragraph of Section M, which appears to be applicable in 1980
reads as follows:
M. SPECIAL REGULATIONS -APARTMENTS.
1. Apartment dwelling structures may hereafter be built where
authorized, but only in accordance with the following
requirements:
The question posed by the Board, as we understand it, is whether the
language in the 1980 bylaw "Apartment dwelling structures may hereafter be
built where authorized, but only in accordance with the following requirements"
(emphasis supplied) applied to newly constructed apartment buildings only,
allowing conversions to apartments in existing buildings without regard to the
bulk requirements contained in the Section M. Critical to answering this question
is the meaning of the phrase "hereafter be built' as it is used in that paragraph.
Where, as here, the word "hereafter" is used but not specifically defined
in the zoning enactment, "...the meaning of the word becomes a question of law
and ordinary rules of statutory construction are to be applied." Framingham
Clinic, Inc. v. Zoning Board of Appeals of Framingham, 382 Mass. 283, 290
(1981)(A.144-145). Words shall be interpreted according to their common and
approved usage in the language, including dictionary definitions, Advanced
Development Concepts, Inc. v. Blackstone, 33 Mass. App. Ct. 228, 231 (1992);
Jackson v. Building Inspector of Brockton, 351 Mass. 472, 475 (1966); Pellegrino
v. City Council of Springfield, 22 Mass. App. Ct. 459, 463 (1986) and in the
context in which it is employed, Kenney v. Building Commissioner of Melrose,
P7-01601opionionl] 2
315 Mass. 291, 295 (1943). Webster's Ninth New Collegiate Dictionary (1984)
defines "hereafter" as "after this in sequence or in time" Blacks Law Dictionary
defines hereafter as "word of futurity, always used in statutes and legal
documents as indicative of the future time, excluding the present and the past."
In interpreting an undefined term in the provisions of a zoning bylaw or
ordinance, courts also look to the legislative history for guidance. See generally
Board of Appeals of Hanover v. Hous. Appeals Committee, 363 Mass. 339
(1973). The provisions in question were adopted at the March 5, 1965 Annual
Town Meeting and at that time were designated as Section Z. According to
information provided by the planning staff, prior to the adoption of Section Z,
apartments were permitted in the Business, Business Limited and Industrial
Zone and there were no bulk regulations applicable to apartments. In the Town
Meeting discussion, the specific question was asked as to whether the
amendment applied to conversions of existing buildings as well as to new
construction or to new construction only. The then-Chairman of the Planning
Board, Paul Lebel, responded that the intent was for the amendment to apply to
new construction. (See copy of March 5, 1965 Town Meeting minutes attached
hereto as Attachment 1).
As referenced in the question the Board has posed, although there were
some amendments to Section M through the years, the next significant revision
of Section M occurred in 1982. Below is a comparison which highlights the
changes made, as follows:
[97-01601opionionl) 3
M. SPECIAL REGULATIONS -APARTMENTS
a•. 1. Apartment dwelling structures may hereafter be built
or established in an existing building when
authorized only in accordance with the following requirements:
a A. The gross land area of the lot or group of contiguous
lots on which an apartment structure is permitted shall be not less than the
product of ' five thousand (5,000) square feet
per apartment dwelling unit times the number of such units in the
apartment structure proposed or the prapace dt conversion of an existing I
building into multi-family use.
b B. Apartment buildings shall not cover more than twenty.
five per-cent (36 percent (20%) of the gross land area of the lot or
combination of lots.
a C. No apartment structure shall be higher than three
(3) stories and the height shall be limited to thirty-five (35) f6"et from
ground level to the plate.
gr-ound grade to the top of the plate.
D. No apartments
shall be erected nearer to any street line than three (3) times the distance
from the ground grade to the top of the plate, or minimum of fifty (50) feet.
Rear and side setbacks shall be not less than the distance from the ground
grade.to the top.of the plate.
a E. An unbroken yard space not less than taa4LA n 20)
feet in depth shall be established all along the entire perimeter of the lot or
group .of lots on which
the apartment structure is located. Such yard space shall be planted and
maintained as green area. In such yard space, there shall be no off-street
parking nor driveway(s4s except a driveway crossing that part of such yard
space as is bordered by a street.
p7-01601opionionl) 4
f. Rid-aF. Off-street automobile parking spaces shall
be provided on the lot or group of lots containing an apartment structure
and each such space shall be easily accessible from a paved driveway on
the property. There shall be not less than one (1) such spaceand a half(I-
1/2) parking spaces per apartment dwelling unit on the property. Each
such space shall be not less than two hundred (200) square feet pa*edin
area, exclusive of drivewaythe driveway(s). Each parking space shall be
located not less than fi#een (I5thi 30) feet from the base of the building.
Sub paragraph (A -men-ad by :1971 Ar. 111, approved by the A#y.
Gen Aug
ram +
g G. No living units will be allowed to be constructed or used
below ground level.
3,-U7Z
Recission of old Section M, new Section M inserted by Jan. 21, 1982, Sp.
16. Approved by Atty. Gen. May 20, 1982
The 1982 amendment clearly imposes bulk requirements upon both
apartment "hereafter to be built" as well as those established in existing
buildings. A review of the January 21, 1982 Town Meeting minutes reveals that
the amendment was proposed to address concerns about the density permitted
(up to sixteen units per acre) under the then-existing provisions of Section M.
Groundwater issues were raised in this regard. Although the rationale for the
insertion of the language in paragraph 1"...or established in an existing building
when authorized as well as the inclusion of the phrase "...conversion of an
existing building into multi-family use.." in paragraph 1(A), was never discussed
on the Town Meeting floor, these changes are consistent with the thrust of the
overall amendments which was to reduce the density of permitted multi-family
dwellings within the Town of Barnstable.
P7-01601opionionl] 5
e L
To summarize, after comparing the language of so-called Section M as
originally adopted in 1965 (then Section Z) with the 1982 amendments, it is our
opinion that prior to the January, 1982, a property-owner could legally have
converted an existing building within a zoning district in which apartment use was
permitted, into an apartment use, without conforming to the bulk requirements
contained in Section M.
We trust that this is responsive to your inquiry.
RDS/RJW:cg
cc: Ralph Crossen, Building Commissioner
cc: Philip Boudreau Jr., Esq.
P7-01601opionionl] g
' F
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal No.1997-1.01 - Cohen,Trustees
Appeal of the Building Commissioner
Summary Overruled the Building Commissioner
Applicant:.......................................Eli and Cecille V. Cohen,Trustees
Property Address..........................39 Louis Street, Hyannis,MA
Assessor's Map/Parcel............... Map 309, Parcel 201
Area.............................................. 0.12ac............................
Zoning:............................................UB Urban Business Zoning District
Groundwater Overlay....................AP Aquifer Protection Overlay District
Background:
The locus of this appeal of the Building Commissioners decision is Assessor's Map 309, Parcel 201
commonly addressed as 39 Louis Street, Hyannis, MA. It is a 0.12 acre lot developed with a V12 story,
three-family dwelling and an 360 sq.ft. accessory building cited as a detached garage but apparently
utilized as a studio dwelling unit onto itself.
This appeal is also related to the Appeal No. 1997-102 for the adjacent lot. Both lots are located in the
UB Urban Business Zoning District.
In each of the cases, the applicant is appealing the decision of the Building Commissioner's letter dated
February 04, 1997 which cites the use as being illegal.
The existing conditions site plan was reviewed by Site Plan Review Committee on September 12, 1997
and found approvable. .
Zoning District History:
The area was originally zoned Residential in 1951 (ATM 3/5/51 -Article 97). In 1956 it was rezoned to
RA-1 Residence A-1 District with the Comprehensive Rezoning of the Town 3(ATM 3/5/56-Article 42).
In 1967, the area was zoned UB - Urban Business, (ATM 317/67 Article 42)that permitted multi-family
units subject to provisions of the UB District and in accordance with Section Z-Apartments (1965).
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
August 01,. 1997. A public hearing before the Zoning Board of Appeals was duly advertised and notices
.-senfto all abutters in accordance with MGL Chapter 40A. The hearing was opened September 17, 1997,
and continued to November 05, 1997, at which time the Board overruled the Building Commissioner.
Board Members hearing this appeal Richard Boy, Ron Jansson, Gene Burman, Gail Nightingale, and
Chairman Emmett Glynn. Alternate Board Member David Rice heard all testimony presented and
replaced Mr. Boy at the November 05, 1997 continuance. Attorney Philip Boudreau represented the
applicants, Eli and Cecille Cohen,who were also present.
Town of Barnstable-Zoning Board of Appeal, jecision and Notice
Appeal No. 1997-101 -Cohen,Trustees
Appeal of the Building Commissioner
Hearing Summary:
Attorney Boudreau submitted a memorandum in support of this appeal. At issue is the interpretation of
Section M of the Zoning Bylaw as it existed prior to the 1982 amendment. Attorney Boudreau is of the
opinion that the dwellings at 35 and 39 Louis Street are legal multi-family dwellings.
Attorney Boudreau noted that the lot lies in the UB Zoning District and are well maintained. The property
was constructed over 85 years ago, prior to zoning and is a pre-existing nonconforming structure. The
principal structure at locus has been used as a multi-family house(with 3 apartments)since at least 1979
when the property was owned by John & Barbara Megargee, as stated in a letter from Mrs. Megargee
dated September 17, 1997. Affidavits from William Howes, III and Eli Cohen are included in the
memorandum submitted by Attorney Boudreau.
Attorney Boudreau discussed the 1980 Zoning Bylaw for the UB District that allowed apartment houses as
of right in the UB District, subject only to bulk regulations set forth in Section M of the Bylaw which states
that"...apartment dwelling structures may hereafter be built where authorized, but only in accordance
with the following requirements..." In Attorney Boudreau's opinion, the restrictions imposed on apartments
in Section M only applied to as yet un-built structures. Sometime between 1971 and 1980, the property in
issue became apartments, conforming to the permitted uses in the UB District. The provisions of Section
M were first established.in 1967, and did not change until 1980. Apartments were an allowed use in this
UB District in 1967 when established, and is still an allowed use now. The use complied in 1980, when
Section M applied only to new building,."apartment dwelling structures may hereafter be built where
authorized, but only in accordance with the following requirements ..." It was not until the Bylaw changed
in 1982, that these apartment use became nonconforming in terms of not meeting the requirements for
apartments (Section M). In the 1982 Bylaw, Section M(1)was amended to state that"...apartment
dwelling structures hereafter be built or established in an existing building when authorized..." Section
M(1)(a) adds the phase"or the conversion of an existing building into multi-family use."
Public Comments:William Howes spoke in support of this appeal. No one else spoke in favor or in
opposition.
Attorney Boudreau submitted the case of Murray vs. Board of Appeals of Barnstable.
The Board resolved that it needs to know the applicability of Section M to determine if the apartment use is
nonconforming. They must determine if the use as five units in one building and three units in the other
building are pre-existing nonconforming uses. The Board must look at the changes in 1982 Bylaw vs. the
1980 Bylaw. Attorney Boudreau is suggesting that Section M in the 1980 Bylaw did not apply because the
building already existed and the Bylaw states buildings hereafter built. The Board must determine if
Section M also meant to refer to then existing apartment buildings.
The Board determined to request a review and opinion of the Town Attorney of Section M and to continue
the hearing to November 05, 1997.
At the continuance of the hearing on November05, 1997, the Board read the memorandum from the Town
Attorney regarding the applicability of the Section M portion of the 1980 Zoning Bylaw versus the
applicability of the Section M portion of the 1982 Zoning Bylaw. It summarizes, "...it is our[Town
Attorney's] opinion that prior to January 1982, a property-owner could legally have converted an existing
building within a zoning district in which apartment use was permitted, into an apartment use, without
conforming to the bulk regulations contained in Section M." Attorney Boudreau reviewed this opinion and
concluded that these dwellings exist as pre-existing nonconforming uses. The dwelling at 39 Lewis Street
is a three unit building and is Appeal Number 1997-101.
Town of Barnstable-Zoning Board of Appeai. jecision and Notice
Appeal No. 1997-101 -Cohen,Trustees
Appeal of the Building Commissioner
Findings of Fact:
At the Hearing of November 05, 1997, the Board unanimously found the following findings of fact as
related to Appeal No. 1997-101:
1. The property is located at 39 Louis Street, Hyannis, MA in the UB-Urban Business Zoning District.
2. The property consists of a 0.12 acre lot developed with a 1.5 story, 2,488 sq.ft..three family dwelling
and an 360 sq.ft. accessory building cited as a detached garage which is vacant.
3. The unit itself was constructed over 75 years ago, prior to zoning, and because of its location and
configuration on the lot is a pre-existing nonconforming structure.
4. At some point in time, prior to 1980, the structure itself was a'multi-family unit based upon the affidavit
submitted by William G. Howes, III. Prior-to July 1980, this property which was owned by Mr. Howes,
had the benefit of three apartments:
5. The Zoning Bylaw for the UB-Urban Business Zoning District allowed apartment houses as a matter-
of-right subject only to bulk regulations set forth in Section M of the Bylaw which required that
"Apartment dwelling structures may hereafter be built where authorized, but only in accordance with
the following requirement".
6. This Section M of the 1980 Bylaw subsequently changed. Due to this change, this apartment
structure,as it existed as a three unit apartment structure,was at that point in time pre-existing
nonconforming in terms of its use, as well as its location on the lot.
7. The Building Commissioner, as a result of his investigation into this area, issued a letter dated
February 4, 1997 citing the use as being illegal.
8. The Petitioner filed his appeal of the Building Commissioner's decision in a timely fashion as required
by MGL and it is this appeal that is before the Board.
9. Based upon the fact that this apartment complex is pre-existing nonconforming, the Building
Commissioner's determination of February 4, 1997 was an error.
Decision:
Based upon the findings a motion was duly made and seconded to Overrule the Decision of the Building
Commissioner as stated in his letter dated February 04, 1997.
The Vote was as follows:
AYE: Gene Burman, Ron Jansson, Gail Nightingale, David Rice, and Chairman Emmett Glynn
NAY: None
Order:
In Appeal Number 1997-101,the Zoning Board of Appeals has Overruled the Building
Commissioner.
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
Cl c.
1997
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¢fed in the office... f the Town Clerk.
Signed and sealed this — day.of 1997 under the pains and penalties of perjury.
Linda Hutchenrider, Town Clerk
3
°p THE T°�
Town of Barnstable Barnstable
Q� A6 mericaCdp
Regulatory Services Department
0D
BARNSCABLE, +
"Asy
039, Public Health Division
�0 m
Arf0 MAC A 200 Main Street, Hyannis MA 02601 2007
Office: 508-862-4644 Thomas F.Geiler,Director
FAX: 508-790-6304 Thomas A.McKean,CHO
Office: 508-862-4644 Fax: 508-790-6304
October 17, 2008
Cecille Cohen & Eli Cohen
84 Roosevelt Road
Medford, MA
02155
Dear Mr. &Mrs. Cohen,
In response to your request for information on the status of the basement area of the
Property at 39 Louis Street Hyannis, Unit A., I have determined the following from an
inspection of the property in accordance with Chapter 170 of the Town of Barnstable
Code conducted on September 16, 2008.
The Massachusetts State Sanitary Code Chapter 11: Minimum Standards of Fitness for
Human Habitation, 105 CMR 450 Means of Egress, states the following " Every dwelling
unit and rooming unit shall have as many means of exit as will allow for the safe passage
of all people in accordance with 780 CMR 104.0,105.1 and 805.0 of the Massachusetts
State Building Code.
The two finished basement rooms at 39 Louis Street do not meet with the requirements of
this regulation, as the rooms are lacking emergency egress.
Additional I have enclosed an excerpt from 780 CMR 1010.4 that describes the
requirements for"Emergency escape". This regulation applies "Where windows are
provided as a means of egress or rescue".
Please contact me if I can provide additional information regarding this matter.
Regards
Jaim abot,Health Inspector
Health Division
Town of Barnstable
cc: Paul Roma, Building Inspector
i
Page 1 of 1
Hyannis fire injures Falmouth man
By Patrick Cassidy
July 31, 2008 8:10 AM
HYANNIS —A Falmouth man was injured during a kitchen fire on Louis Street last night, a Hyannis
fire official said this morning.
Fire officials were alerted to the blaze at 11:23 p.m. by state police who had received a call from a cell
phone, said Hyannis Fire Capt. Joseph Cabral.
The fire inside-39 L-ou-i-s=SFr-eet;unit A, began in an unattended pan left on top of a stove, Cabral said.
While about a half dozen people in the four-unit building fled, the 22-year-old Falmouth man,who
was visiting next door at 45 Louis Street, rushed in and attempted to douse the fire with water, Cabral
said.
Although he was able to suppress the fire some, the man suffered smoke inhalation and a laceration to
his arm, Cabral said.
The injuries were not life threatening but the man was taken to Cape Cod Hospital to be checked out,
he said. Firefighters were on the scene until about 1 a.m.
There was about$10,000 in damage to the unit's cabinets and electric range, Cabral said.
All of the smoke detectors in the building appeared to be functioning correctly and were what first
alerted tenants to the fire.
http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20080731/NEWS 11/80731007... 7/31/2008
[ ] [R309 201 . ]
LOC] 0039 LOUIS STA CTY] 07 TDS] 400 HY KEY] 224901
----MAILING ADDRESS------.- PCA11051 PCS100 YR100 PARENT] 0
COHEN, ELI & CECILLE V TR MAP] AREA] HY15 JV1408151 MTG11002
39 LOUIS ST REALTY TRUST SP1] SP21 SP31
84 ROOSEVELT RD UT11 UT21 . 12 SQ FT] 2488
MEDFORD MA 02155 AYB] 1910 EYB] 1970 OBS] CONST]
0000 LAND 40300 IMP 85400 OTHER 1500
----LEGAL DESCRIPTION---- TRUE MKT 127200 REA CLASSIFIED
#LAND 1 40, 300 ASD LND 40300 ASD IMP 85400 ASD OTH 1500
#BLDG(S) -CARD-1 1 85, 400 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE
#OTHER FEATURE 1 1, 500 TAX EXEMPT
#PL 39 LOUIS STREET HYANNIS RESIDENT'L 127200 127200 127200
#DL LOT 8 OPEN SPACE
#RR 0923 0050 COMMERCIAL
INDUSTRIAL
EXEMPTIONS
SALE107/96 PRICE] 87500 ORB110305235 AFD] I
LAST ACTIVITY] 08/29/96 PCR] Y
r-
R309 201 . P P R A I S A L D A T KEY 224901
COHEN, ELI & CECILLE V TR
LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=UB
40, 300 1, 500 85, 400 1 A-COST 127, 200
B-MKT 80, 100
BY 00/ BY ME 11/87 C-INCOME
PCA=1051 PCS=00 SIZE= 2488 JUST-VAL 127, 200
LEV=400 CONST-C 0
----COMPARISON TO CONTROL AREA HY15 -----------------------------
COMMERCIAL NBHD IN HYANNIS HY15
PARCEL CONTROL AREA TREND STANDARD
301 30 LAND-TYPE
403001 LAND-MEAN +Oo
1272001 IMPROVED-MEAN +Oo 5001
] FRONT-FT
] 100 DEPTH/ACRES TABLE 02
100%1 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- [000] DATA- [ ] XMT [?]
R309 201 . P E R M I T [PMT] ACTO [R] CARD [000] KEY 224901
000000001
PERMIT-NO MO YR TYPE VALUE CK-BY MO YR oCMP NEW/DEMO COMMENT
i RESIDENTIAL PROPERTY
' FIRE DISTRICT SUMMARY
MAP NO. LOT NO. Hyannis
STREET 39 Louis St. H 7,3W
0 D
V.
309 : 201 OWNERRECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: Lot 8 B
Kee ae*�e .12a LAND
q U BLDGS.
TOTAL
7 • LAND
, 0)
BLDGS.
TOTAL
.Me gar ee, John A. & Barbara 5-14-79 2916 37 ( 28950 LAND
BLDGS.
,3 �,4XfEi2 ST 17FNNls /L 2(o TOTAL
LAND
BLDGS. €
TOTAL
LAND
� BLDGS.
Lori
lY TOTAL
LAND
BLDGS.
INTERIOR INSPECTED:
TOTAL
LAND
DATE:
ACREAGE COMPUTATIONS at BLDGS.
TOTAL
ND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE
LAND
HOUSE jS76 02 0000 / 000 J oGU
BLDGS.
CLEARED FRONT TOTAL
REAR LAND
WOODS&SPROUT FRONT
BLDGS.
REAR
TOTAL
WASTE FRONT LAND .
REAR BLDGS.
TOTAL
LAND
U Q BLDGS.
LOT COMPUTATIONS LAND 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.
TOTAL
r'vu��uh.trvw - .
QIIIO Wallt' "' `' Fln.Bsmt.Area Bath Room Base LAND COST
d BLDG. COST
Conti;elk Walla' Bsmt. Rec.Room St.Shower Bath Bsmt. pURCH. DATE /f69 ,.
ConcSlab Bsmt.Garage St. Shower Ext.
- Walla PORCH. PRICE.
'Brick Wailsq Attic FL&Stairs' Toilet Room Roof RENT
Stons.Walls a Fin.Attic Two Fizt. Bath Floors' '
Piers INTERIOR FINISH lavatory Extra
Barnt.i's F' 1' 2 P3 1 Sink �T.
$A ' - r/i r/� Plaster Water Clo. Extra Attic p p�
"'EXTERIOR WALLS Knotty Pine Water Only
Double Siding `,; Plywood No Plumbing Bsmt.Fin. r
Single Siding - Plasterboard Int.Fin.
_Shingles TILING 0,&7t,tr O D
Cone'Blk G F,j P Bath Ff. Heat
Face Brk On Int.Layout Bath Ff.&Wains. polo Ht.Unit
- Veneer Int.Cond. Bath Ff.&Walls Fireplace
Cam.Brk.On _ HEATING Toilet Rm.Ff. Plumbing
.Solid,Com.Brk.` . ' Hot Air Toilet Rm.Ff. &Wains.
Tiling
Steam Toilet Rm.Ff. &Walls
Blanket Ins. Not Water Aq St.Shower 30 •
Roof Ins. Air Cond. Tub Area Total ,
Floor Furn. & o�
ROOFING COMPUTATIONS �C
Asph.Shingle Pipeless Furn. 0 S.F. ,
Wood Shingle No Neat S.F.
/ `r p
Asbs.Shingle Oil Burner S.F. D
Slate. Coal Stoker S.F.
Tile Gas
S.F. OUTBUILDINGS
ROOF TYPE Electric
S.F. 1 2 3 4 5 6 7 6 9 10 1 2 3 4 5 6 7 6 9 10 MEASURE
Gable Flat
Hip Mansard FIREPLACES S.F. Pier Found. Floor C
Gambrel Fireplace Stack Wall Found. 0.H.Door LISTED
FLOOR Jig Fireplace Sgle. Sdg. Roll Roofing
Conc. LIGHTING (�
_ Dble.Sdg. Shingle Roof
Earth No Elect. DATE
Pine Shingle Walls Plumbing c�
Hardwood ROOMS Cement Blk. Electric //�
Asph.Tile Bsmt. 1st ' TOTAL Brick Int.Finish ICED
Single 2nd 3rd FACTOR
REPLACEMENT -
OCCUPANCY CONSTRUCTIONr SIZE AREA CLASS AGE REMOD. CONE). REPL. VAL. Phy.Dep• PHYS. VALUE Funct.Dep. ACTUAL VAL.
DWLG./F s Cav, t' . /If/. Jr-G
izz-
2
3
4
5
6
7'
9
10
r TOTAL
a OPERTY ADDRESS I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CSTATE LASS I PCS I NBHD KEY NO.
0039 LOU IS ST EET 07
LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T '
Lana By/Dale size Dimension Y UNIT ADJ'D.UNIT ACRES/UNITS VALUE Description MEGAR GE E. J OHN A 8 MAP-
Co. FI=-De m/Acres LOC./Y R.SPE C.CLASS ADJ. CON D. PE PRICE PRICE
#LAND 1 40i300 CARDS IN ACCOUNT -
30 3SITE 1 X .12• =10 467 71999.99 336239.96 .12 40300 #8LDG(S)-CARD-1 1 85.400 01 OF 01
#OTHER FEATURE 1 1,500 COST 127200
BATHS 3.0 U X C= 100 10500.00 10500.0 1.00 10500 3 #PL 39 LOUIS STREET HYANNIS MARKET 80100
RG1 DETGAR S 18 X 20 1920 C= 21 F 1 19.3 4.05 360 1500 F #DL LOT 8 INCOME
A DOR DORMER L X C= 100 126.3C� 126.3 12.00 1500 3 #S1 05/79 24 $00028500 I USE
p I #RR 0923 D050 APPRAISED VA. UE
I i
A 127:200
Ul PARCEL SUMMARY
S LAND 40300
T
BLDGS 85400
O-IMPS 1500
MI I TOTAL 127200
Ej
N i I N CNST
DEED REFERENCE Tye DATE Recoroeo PRIOR YEAR VALUE
T I I Book Page 1-1, MO. Vr.DI Sales Pr ce LAND 40300
S 2916/37 I 00/00 BLDGS 86900
5280/065� :09/86 TOTAL 127200
' I BUILDING PERMIT LAND ADJUST. FOR
Number 5 I Z E
Amount .
LAND LAND-ADJ INCOME SE SP-BLDS FEATURES BLD-ADJS U'JITS Dale Type
40300 1500 12000
Class Cons,. Total Base Rale Atl Rate Year Built Age Noi m. Ooen v. CND. Loc. %R.G. Re I.Cost New Red Value Stories ms
Adj. Mei nt Roo ee Rms ac.Baths •Fia. Partywell F
U oils Unns I A f9 Deor. C 0. p I 9
02C 000 100 100 60.80 60.80 10 70 24 74 100 74 115385 35400 1.4 11 5 3.0 12.0
DescriPlion Rate Syua,e Feel RePI.Cos, MKT.INDEX: 1.D D IMP_BY/DATE: ME 1 1/8 7 SCALE: 1/00.5 4 ELEMENTS CODE CONSTRUCTION DETAIL
BAS 100 60.80 1140 69312 GROSS AREA TWO FAMILY DWELLING CNST GP:00
FSF 90 54.72 208 11382 N *-8--* TYLE 17DUPLEX 0.0
FEP 65 39.52 48 1897 *----- r
I' • 25 FEP-** DE-SIG N :46-JMT- -00 ----------- Q.0
814 30 18.24 1140 20794 ! B14 ! EXTcA.wALLS f1W00D SHINGLES __1%
{ NEAT/AC TYPE f1GAS=WARM AIR ___ 0.
INTcA.fINISN 04- RYWALI 6.0
INTEA.LAYOUT f2AVER./"NORMAL 6=0
INTER:I)ALTY -02S- - AS ER EXT . 0.
38 BASE 38 FLOOR STfFUtT 02WD JOIST/BEAM 0.0
D W ± ! EFLDIY4 C-OVE ROW�R- -01 AOD -------- U.0
E T.I.1Areas A.. - 48 Base= 1348 ! ± OtDT-TYPE---- -01 ABLEASPH--�►�---Q.0
BUILDING DIMENSIONS ! ! ELtC-T RIC9L 01 VERATi ...0
T BAS W28 FSF S08 E26 N08 W2b .. ! FDIINDATTON - -02 ONCRETE 8L6CK V9.
A BAS W02 N38 E25 FEP N06 W08 S06 ! ! ------------- -- ----------------------
1 E08 .. BAS E05 S38 .. B14 N38 *-----28-----*X. -----COMMERCIAL N l!D-IN NYAVNIS NY15
L W30 S38 E30 .. 8 8 LAND TOTAL MARKET
FSF ! PARCEL 40300 127200
*------26-----* AREA
VARIANCE +0 +0
STANDARD 50
N � d
1
• s�►Rxer�, •
1 he Town of Barnstable
NAMDepartment of Health, Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
4
July 15, 1997
Philip M. Boudreau
Attorney
396 North Street
Hyannis, MA 02601
Re: 39 Louis Street, Hyannis
Dear Mr. Boudreau:
I received your letter concerning 39 Louis Street, and I respectfully disagree. I believe a
variance is needed after Site Plan Review approval as indicated in my 1/24/97 letter.
Sincerely,
Ralph M. Crossen
Building Commissioner
RMC/lbn
g970715c
LAW OFFICES OF
PHILIP M. BOUDREAU
396 NORTH STREET
HYANNIS,MASSACHUSETTS 02601
Telephone:(508)775-1085
Telefax:(508)771-0722
E-MAIL:pmichb@capecod.net
Philip M.Boudreau
Philip Michael Boudreau
Mark H.Boudreau
July 11, 1997
HAND DELIVERED
Ralph Crossen, Building Commissioner
Town of Barnstable
367 Main Street
Hyannis, MA 02601
Re: Eli Cohen et al, Trustees
39 Louis Street
Hyannis, Massachusetts
Dear Mr. Crossen:
As a follow-up to our recent conversations relative to the above-referenced
property, I have researched the past use of the premises, the zoning history and the
relevant law.
Research at the Assessor's office indicates that the structure on locus was built
well before zoning was enacted.
It appears clear that locus has been improved and occupied as a three apartment
dwelling in the same physical configuration since at least May of 1979, when John A.
Megargee et ux purchased the property. I enclose a copy of a letter from a former owner
of the abutting property at 35 Louis Street, William G. Howes III, in this regard for your
reference. At some point in time - and this is not clear at present-the detached garage on
the property was converted to business use and was leased for that purpose and possibly
for residential purposes as a single apartment as well. My understanding is that this latter
renovated structure is now vacant.
Locus lies within an Urban Business District(UB).
Ralph Crossen
July 11, 1997
Page 2
In 1979,the material provisions of the Barnstable Zoning By-law allowed
apartment houses as of right,Zoning By-laws, February 1980, Town of Barnstable
Massachusetts, Section K(l)(g) and(9), subject only to restrictions set forth in Section M
of the Bylaw which stated that"(a)partment dwelling structures may hereafter be built
where authorized, but only in accordance with the following requirements:...." (This
latter Section then went on to itemize restrictions relative to the intensity of use, parking
requirements, etc.) A copy of the applicable portions of this Zoning Bylaw is enclosed
herewith.
Section M(1) was amended in 1982 to state that(a)partment dwelling structures
may hereafter be built or established in an existing building when authorized..." Section
M(1)(a)was also amended at the end thereof by adding after"in the apartment structure
proposed"the following language: "or the conversion of an existing building into multi-
family use." (The itemized restrictions in Section M were also amended in 1982 by
decreasing the allowed intensity of use.) See Zoning By-laws, February 1983, Town of
Barnstable. Massachusetts, Section M, a copy of which is also enclosed herewith.*
While, it is clear from the applicable provisions of the 1982 By-law that new apartments
could not be established in existing structures after this zoning amendment unless in
compliance with the other provisions of Section M, all of the apartments in question,in
the main dwelling structure were established in an existing structure prior thereto. Thus,
one must look to the provisions of the prior By-law to ascertain the legitimacy of the
apartments in the main dwelling structure on locus.
As recited above,the applicable Zoning By-law restricted only apartment
dwelling structures thereafter built, which prohibition is clearly distinct from a
prohibition against apartment units established in existing structures, which were not
restricted at that time. As further support for this distinction, the language in Section
M(1)(a) restricted only "apartment structures proposed" and, only after the 1982
amendment, restricted"conversion of an existing building into multi-family use." In
addition, "dwelling" structures - whether single or multi-family - were defined in the By-
law at that time as"detached residential buildings,"which further distinguishes
apartments which would be established in existing structures from those entirely
independent to-be-built detached structures contemplated for restrictions in the prior
Section M.
Accordingly, it is my opinion that the use of the main dwelling structure on locus
for three apartments prior to the 1982 zoning change was clearly an allowed use under the
By-law then in effect,which use later became legally nonconforming when the By-law
was amended. Since this use has continued unabated to the present time, its
grandfathered status remains intact.
r
Ralph Crossen
July 11, 1997
Page 3
I trust that upon review of the enclosed that you will concur with the above and
look forward to hearing from you in this regard.
Thank you again for your consideration in this matter.
Sincerely,
ichael Boudreau
PMB
Enclosures
*1 have researched the history of the 1982 zoning amendment, including minutes
of Planning Board and Town meetings. The amendment was proposed by the Board of
Appeals, which appears to have been concerned mainly with the then existing density
requirements for apartment buildings (ie. I unit/2,500 sq. ft. v. 1 unit/5,000 sq. ft.).
Unfortunately, the minutes of the official Planning Board hearing immediately prior to
the Town Meeting are among the missing. However, discussions in all other minutes
dealt with the reduced intensity of use provisions of the proposed amendment and no
mention is made on the record of the additional language relative to establishment of
apartments in existing structures.
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with the intent and purpose of the Subdivision Control Law waive strict e. Place of business of baker, barber, blacksmith, builder,
compliance with said frontage to a minimum of twenty (20) feet. carpenter, caterer, clothes cleaner or presser, confectioner, contractor,
Paragraph E added 1979 An 1,approved by the Arty.Gen. Feb.26, 1980. decorator, dressmaker, dyer, electrician, florist, furrier, hairdresser,
APPENDIX A hand laundry, manicurist, mason, milliner, newsdealer, optician,
Front Yard Side Rear
painter, paper hanger, photographer, plumber, printer, publisher,
roofer, shoemaker, shoe repairer, shoe shiner, tailor, tinsmith,
Area In Frontage Width Setback Yard Yard - p
Sq.Ft. In feet In feet in feet in feet In feet telephone exchange, telegraph office, undertaker, upholsterer,
RESIDENCE B 10,000 100 20 10 10 wheelwright.
RESIDENCE B-1 10,000 100 20 10 10 f. Gasoline and oil filli!�i ttiQns,tnd garages.
RESIDENCE C 15,000 100 20 10 10 - g. Apartment houses, subject to Section M.
RESIDENCE C-1 15,000 125 30 15 15 h. Hotel or motel, subject to Section N.
RESIDENCE C-2 15,000 100 20 10 10 i. The above listed types of business uses are not intended to be
R IDENCE D 20,000 125 30 15 15 all inclusive and any other ordinary business use of a similar nature
ENCE D-1 20,000 125 30 10 10 may be carried on in a Business District.
R DENCE F 43,560 150 30 15 15 2. Business District A.
RESIDENCE F-1 43,560 125 30 15 15 a. The same uses as permitted in the Business District, except
RESIDENCE F-2 43,560 150 30 15 15 that hotels and motels are excluded.
RESIDENCE G 65,000 200 30 15 15 Prior sub-paragraph 3 deleted by 1973 An 151,and remaining paragraphs renumbered in proper se-
Residence B-1 area added by An. 1977 25,approved by the Arty. Gen.Jan. 12, 1978. quence,approved by the Arty.Gen.June 15, 1973.
Residence F-2 added by 1977 An 36,approved by Arty.Gen.Jan. 12, 1978. 3. Business Limited District B.
Residence A and Residence Al deleted by 1973 An 140,approved by the Atty.Gen.June 15, 1973. a. Motel, hotel or lodging house.
Appendix A amended by adding the words"Front Yard"and be deleting figures shown as"50(30)"
and Inserting therein the figure"30"1974 An 145,approved by the Any.Gen.July 16, 1974. b. Building sale, rental, storage and repair of boats.
Residence C-2 added by 1974,July 30,Sp. 12,approved by the Arty.Gen.September 5, 1974. c. Retail sale of marine fishing and boating supplies.
Residence G added by 1979 An 7,approved by the Arty.Gen.June 20, 1979. d. Retail sale of fishing bait, fish and shellfish.
Residence D-2, Residence D-3, Residence E, Residence E-1 deleted 1979 An 9,approved by Arty.
Gen.Feb. 26, 1980. e. Operation of a commercial fishing business excluding can-
Front yard setback distances shown above mean from sideline of ning or processing of fish.
the street. Where a lot abuts on one or more than one street, front yard f. Restaurants.
setback shall be applicable from all streets. g. Retail stores.
P6 o19pa ragraph deleted and new paragraph Inserted by 1974 An 146,approved by the Arty.Gen.July h. Operation of charter fishing and marine sightseeing and ex-
cursion facilities.
K. USE REGULATIONS — NON-RESIDENCE DISTRICTS a. & f. required to connect to the Town sewer system and subject
A.io building shall be erected or altered, and no building or to Special Permit under Section P.
pr es shall be used, for any purpose in the following specified Prior paragraph deleted and new paragraph added by 1978 Fail An 16,approved by Arty.Gen.Feb.6,
districts other than provided in this section. The maximum height of 1979.
any building shall be not more than two (2) stories, or thirty (30) feet 4. Business Limited District C.
from ground level to the plate, whichever is lesser, except that in a Pro- a. Professional or home occupation use. See Section I for
fessional Residential District hospitals are excluded from this height definition.
limitation. b. Small retail businesses common to a residence district.
Paragraph A.amended by 1974 An 108,approved by the Arty.Gen.July 16,1974 by adding,"The c. Detached one family dwelling.
maximum height...from this height limitation." Sub-paragraph(c)added by 1970 An 108,approved by the Arty.Gen.June 19, 1970.
1. Business District. 5. Marine Business District A.
a. Wholesale or retail stores or salesrooms. a. Building, sale, rental, storage and repair of boats.
b. Retail trade service or shop. b. Retail sale of marine fishing and boating supplies.
c. Offices and banks. 6. Marine Business District B.
d. Restaurants and other food establishments. a. Building, sale, rental, storage and repair of boats.
14a
b. Retail sale of marine fishing and boating supplies.
Page 12 Pagc 1:1
c. Retail sale of fishing bait, fish and shellfish. L. INTENSITY REGULATIONS — NON-RESIDENTIAL
d. Operation of a commercial fishing business excluding com- DISTRICTS
mercial canning or processing of fish. A. Any building hereafter erected in any Non-Residential District
7. Village Business Districts A & B. shall comply with the minimum requirements for size of lot, width, set
a. Detached one family dwelling. back, side and rear yard requirements set forth in the following table:
Prior sub-paragraph(a) deleted and the words"Detached one family dwelling"Inserted therein by (Appendix B), and
1973 An 141,approved by the Arty.Gen.June 15, 1973. pp seventy (70) percent of the required zoning area of
b. Retail store, professional or business offices, bank, personal each lot shall be contiguous upland.
Paragraph A.amended by 1977 An 27,approved by Arty.Gen.Jan.12,1978,"and,seventy(70)per.
service store or shop. cent of the required zoning area of each lot shall be contiguous upland"added.
8. Highway Business District. B. In an Urban Business District or in a Highway Business District,
a. Same uses specified in a Business District. each lot shall have a green strip ten (10) feet in width along each side
9. Urban Business District. abutting on an existing roadway, on which grass, bushes, flowers, trees
Claa. Same uses specified in a Business District. Except that in or a combination thereof, shall be maintained.
ille Urban Business District, Hotels and Motels are excluded. Paragraph(C)deleted by 1972 An 123,approved by the Arty.Gen.Aug.3, 1972.
10. Industrial District. D. In a Business Limited C District the use shall retain the essential
a. Same uses specified in a Business District. residential character of the contiguous residential district, including
b. Lumber, fuel, feed and ice establishments. minimum lot size and setback requirements.
c. Contractors yards. E. In a Village Business B District, each lot shall have a green strip
d. Manufacturing and industrial uses. fifteen (15) feet in width on each side, and along each side abutting an
e. Same uses specified in a Service and Distribution District. existing roadway, on which, grass, bushes, flowers, trees, or a com-
Sub-paragraph(e)added by 1973 An 135,approved by the Atty.Gen.June 15, 1973. bination thereof shall be maintained. Where the lot abuts a residential-
11. Service and Distribution. ly zoned area, screening consisting of compact evergreen hedge or
a. Warehousing and distribution facilities. equivalent obscuring natural vegetation of not less than (3) feet in
b. Servicing, storing and processing of goods in transit. height at the time of original planting shall be provided and maintained
c. Facilities for service type trades, including shops and in good condition and no advertising shall be placed thereon.
Storage yards. Paragraph E added by 1974 An 105,approved by the Atty.Gen.July 16, 1974.
d. Offices, garages and related facilities for all such enter- F. In a non-residence district all construction shall be set back a
prises. minimum of 50 feet from mean high water mark on any Great Pond.
e. Retail store, professional or business offices, bank, personal Paragraph F added by 1978 Fall An 14,approved by Arty.Gen. Feb.6, 1979.
service stores or shops; by special permit, full service restaurants and F APPENDIX B — INTENSITY REGULATION s
diiiktessens may be permitted. u „� d
S ph(e)added by 1974 An 127,approved by the Any.Gen.July 16, 19,74. n
�,
Profesional Residential District. o 0 9 ; E 2 8 -o-3 ;
to 3y W.S tr,�x9 tntXS 0:L% iu M
a. Detached one or two family dwellings. BUSINESS N/A N/A N/A 200) N/A N/A N/A
b. Apartments- Subject to provisions of Section M and subject BUSINESS A N/A N/A N/A 10 N/A N/A N/A
Business Limited A deleted by 1973 An 152,approved by the Arty. Gen.June 15, 1973.
to the modification allowed by Section P.
BUSINESS LIMITED B 7,500 75 — 20 71A 71A —
c. Renting of rooms to not more than ten persons by a family BUSINESS LIMITED C 20,000 125 — 30 15 15 —
resident in the dwelling. MARINE BUSINESS A — — — — — — —
MARINE BUSINESS B 7,500 75 — 10 30(2) 30
d. Professional Offices. HIGHWAY BUSINESS 40,000 160 — 60 30(2) 20 30%
e. Nursing Homes and Rest Homes. VILLAGE BUSINESS A 10,000 100 — 10 30(2) 20 —
f. Medical and Dental clinic, pharmaceutical and therapeutic VILLAGE BUSINESS B 43,560 — 160 40 30 30 25%
Prior specified regulations for a Village Business District B deleted and the above regulations Inserted
uses. therein by 1974 An 104,approved by the Atty.Gen.July 16,1974.
g. Hospitals - (non-veterinarian). URBAN BUSINESS — — — 20(3) —(3) —(3) 35"/
This district added by 1970 An 105,approved by the Atty.Gen.Jane 19, 1970. SERVICE&DISTRIBUTION 43,560 160 — 60 25 40 25%
Sub`-paragraph(b-Apartments)amended by adding"and subject to the modification allowed by Sec- INDUSTRIAL 90.000 200 — 60 30 30 25%
tion P"An 121,approved by the Arty.Gen.June 229 1971. Prior specified regulations for an Industrial District deleted and the above regulations Inserted therein
by 1973 An 136,approved by the Arty.Gen.June 15, 1973.
PROFESSIONAL RESIDENTIAL 7,500 — 75 20 7-/, 7'A 25%
Professional residential added by 1970 An 105, approved by the Arty. Gen.June 19, 1970.
1. Front Yard Setback in Business District along Route 132 shall two hundred (200) square feet paved area, exclusive of driveway. Each
be 50'. parking space shall be located not less than fifteen (15) feet from the
2. Side Yard shall be a minimum total of 30', which may be divided base of the building.
at the discretion of the owner, but in no case less than 10'%on any one Sub-paragraph(f)amended by 1972 An 121,approved by the Atty.Gen.Aug.3, 1972.
side, except where it abuts a Residence District, Side Yard must be 20'. g. No living units will be allowed to be constructed or used
3.
Set Back where lot abuts a residential) zoned area shall be 50', below round level.
Y g
4. ,".long Route 28 (Falmouth Road) in Precinct 3, where the lot Sub-paragraph (g)added by 1972 An 119,approved by the Atty. Gen.Aug. 3, 1972.
abuts a residentially zoned area, the 50 foot setback shall include a 25 N. SPECIAL REGULATIONS — MOTELS AND/OR HOTELS
foot green belt. 1. Motels and/or hotels wherever permitted under the zoning by-
Sub-paragraph (4)added by 1973 An ISS,approved by the Attu. Gen.June 15, 1973. laws may be built only in accordance with the following requirements:
5. Front yard set back distances shown above mean from sideline of a. For each lot upon which a motel and/or hotel is to be
the street. Where a lot abuts on one or more than one street front yard erected, there shall be a minimum frontage of one hundred twenty-tire
sett shall be applicable from all streets. (125) feet and a minimum of twenty-five hundred (2500) square feet of
Pa S added by 1974 An 147,approved by the Atty. Gen.July 16. 1974. lot area for each of the first ten (10) motel and/or hotel units. For each
M. PECIAL REGULATIONS — APARTMENTS hotel and/or hotel unit in excess of ten (10) motel and/or hotel units.
1. Apartment dwelling structures may hereafter be built where there shall be provided two hundred fifty (250) square feet of lot area.
authorized, but only in accordance with the following requirements: b. No motel and/or hotel or addition to a motel and/or hotel
a. The gross land area of the lot or group of contiguous lots on shall be erected or placed on a lot which will result in the covering by all
which an apartment structure is permitted shall be not less than the buildings of more than thirty (30) percent of the gross land area of this
product of two thousand five hundred(2500)square feet per apartment lot or combination of lots.
dwelling unit times the number of such units in the apartment structure c. The maximum height of any motel and/or hotel shall be not
proposed. more than two (2) stories or thirty (30) feet from ground level to the
b. Apartment buildings shall not cover more than twenty-five plate whichever is lesser.
percent (2S%) of the gross land area of the lot or combination of lots. The words"from ground level to the plate whichever is leaser"added by 1974 An 107,approved by the
c. No apartment structure shall be higher than three(3)stories Atty.Gen.July 16, 1974.
and the height shall be limited to thirty-five(35) feet from ground level d. In addition to one off-street parking space for each motel
to the plate.
and/or hotel unit, there shall be two (2) additional spaces for each ten
Prior Sub-paragraph(c)deleted and new Sub-paragraph(c)inserted by 1972 An 120,approved by the (10) motel and/or hotel units or fraction thereof.
Atty.Gen.Aug.3, 1972. e. For each lot upon which a motel and/or hotel is erected,
d. No apartments shall be erected nearer to any street line than there shall be provided a front yard or setback distance of not less than
two(2) times the distance from the ground grade to the top of the plate. thirty (30) feet. The building shall be placed on the lot so there is a
Re&d side setbacks shall be not less than the distance from the minimum total side yard of thirty(30)feet which may be divided at the
groT1W grade to the top of the plate. discretion of the owner, but in no case less than ten(10)feet on any one
The word"the"changed to"any"1n Sub-paragraph(d)by 1970 An 107,approved by the Atty.Gen. Side, and a rear yard of not less than twenty(20)feet. No other uses are
June 19, 1970. permitted in these yard areas except that of a driveway in the front
e. An unbroken yard space not less than ten (10) feet depth
shall be established all along the entire perimeter of the lot or group of yard. All yard areas shall be appropriately landscaped and adequately
lots on which is located an apartment structure. Such yard space shall maintained.
f. A site plan for each proposed motel and/or hotel or addition
be planted and maintained. In such yard space, there shall be no.off- thereto, shall be submitted to the Building Inspector with the request
street parking nor driveway(s) except a driveway crossing that part of for a building permit. Said site plan shall show, among other things, all
such yard space as is bordered by a street. existing and proposed buildings, structures, parking spaces, driveway
f. Paved off-street automobile parking spaces shall be provided openings, driveways, service areas, and other open uses, all facilities for
on the lot or group of lots containing an apartment structure and each water drainage, all landscape features (such as fences, walls, planting
such space shall be easily accessible from a paved driveway on the pro
perty. There shall be not less than one (1) such space per apartment areas and walks) on the lot.
O. FLOOD AREA PROVISIONS
dwelling unit on the property. Each such space shall be not less than
A. ' Permits for new construction, alteration of structures, or other
1';,¢c 16
�a
APPENDIX B — INTENSITY REGULATION B. Apartment buildings shall not cover more than twenty
percent (20%) of the gross land area of the lot or combination of lots.
C. No apartment structure shall be higher than three (3)
stories and the height shall be limited to thirty five (35) feet from
ground level to the top of the plate.
E D. No apartments shall be erected nearer to any street line
�n
than three (3) times the distance from the ground grade to the top of
Q P =y ~?'y d "�p the plate, or minimum of fifty(50)feet. Rear and side setbacks shall be
Q(A 3v, a� c,.r3'i wto tY� �..7
than the distance from the ground grade to the,top of the plate.
BUSINESS N/A N/A zo 200) N/A N/A N/A not less
BUSINESS A N/A N/A 20 20 N/A N/A 35% E. An unbroken yard space not less than twenty (20) feet in
Recission of old Business A category,new Business A category inserted by Jan.21,1982 Sp. 14.Ap- depth shall be established all along the entire perimeter of the lot or
proved by Ally.Gen.May 20, 1982.
BUSINESS LIMITED B 7.500 75 20 20 714 7A — group.of lots on which the apartment structure is located. Such yard
BUSINESS LIMITED C 20.000 125 20 30 is is — space shall be planted and maintained as green area. In such yard
MARINE BUSINESS A — — 20 — — — — space, there shall be no off-street parking nor driveway(s) except a
MARINE BUSINESS B 7,500 75 20 10 30(2) 30 — p
HIGH BUSINESS 40.000 160 20 60 30(2) 20 30% driveway crossing that part of such yard space as is bordered by a
viL USINESS A 10.000 100 20 10 30(2) 20 — street.
VILL USINESS B 43.560 — 160 40 30 30 25%
Prior specified regulations for a Village Business District B deleted and the above regulations inserted F. Off-street automobile parking spaces shall be provided
therein by 1974 An 104,approved by the Ally.Gen.July 16, 1974. on the lot or group of lots containing an apartment structure and each
URBAN BUSINESS — — 20 20(3) —(3) —(3) 35% such space shall be easily accessible from a driveway on the property.
SERVICE& DISTRIBUTION 43,560 160 20 60 25 40 25%
INDUSTRIAL 90.000 200 20 60 30 30 25% There shall be not less than one and a half(1 t/z) parking spaces per
Prior specified regulations for an Industrial District deleted and the above regulations inserted therein apartment dwelling unit on the property. Each such space shall be not
by 1973 An 136,approved by the Ally.Gen.June 15, 1973. less than two hundred (200) square feet in area, exclusive of the
PROFESSIONAL RESIDENTIAL 7.500 — 75 20 71/2 71/2 25%
Professional residential added by 1970 An 105,approved by the Ally.Gen.June 19, 1970. driveway(s). Each parking space shall be located not less than thirty
Frontage in feet"20"added by]an. 21, 1982 Sp.4,approved by Ally.Gen.May 20, 1982. (30) feet from the base of the building.
1. Front Yard Setback in Business District along Route 132 shall G. No living units will be allowed to be constructed or used
eloround
be 50'.
dZ2WfOl
f old Section M,�newSectlon �21, 2,Sp. 16.Approved by Ally.Gen.
2. Side Yard shall be a minimum total of 30', which may be divid 82.
ed at the discretion of the owner, but in no case less than 10' on any N. SPECIAL REGULATIONS — MOTELS AND/OR HOTELS
one side, except where it abuts a Residence District, Side Yard must be 1. Motels and/or hotels wherever permitted under the zoning by-
20'. laws may be built only in accordance with the following requirements:
3. Set Back where lot abuts a residentially zoned area shall be 50' a. For each lot upon which a motel and/or hotel is to be
4. Along Route 28 (Falmouth Road) in Precinct 3, where the lot
residentially zoned area, the 50 foot setback shall include a 25 erected, there shall be a minimum frontage of one hundred twenty-five
abt�en belt. (125)feet and a minimum of twenty-five hundred (2500) square feet of
foo
lot area for each of the first ten (10)motel and/or hotel units. For each
Sub-paragraph (d)added by 1973 An 155,approved by the Atty.Gen.June 15, 1973.
motel and/or hotel unit in excess of ten (10) motel and/or hotel units,
S. Front yard set back distances shown above mean from sideline of
the street. Where a lot abuts on one or more than one street front yard there shall be provided two hundred fifty (250) square feet of lot area.
setback shall be applicable from all streets. b. No motel and/or hotel or addition to a motel and/or hotel
Paragraph 5 added by 1974 An 147,approved by the Ally.Gen.July 16, 1974. shall be erected or placed on a lot which will result in the covering by all
M. SPECIAL REGULATIONS — APARTMENTS buildings of more than thirty(30) percent of the gross land area of this
1. Apartment dwelling structures may hereafter be built or lot or combination of lots.
established in an existing building when authorized only in accordance c. The maximum height of any motel and/or hotel shall be not
wit t e following requirements: ' more than two (2) stories or thirty (30) feet from ground level to the
A. The gross land area of the lot or group of contiguous lots plate whichever is lesser.
on which an apartment structure is permitted shall be not less than the The words"from ground level to the plate whichever is lesser"added by 1974 An 107,approved by the
product of five thousand (5,000) square feet per apartment dwelling Ally.Gen.July 16, 1974.
d. In addition to one off-street parking space for each motel
unit times the number of such units in the apartment structure propos c and/or hotel unit, there shall be two (2) additional spaces for each ten
cd or the conversion of an existing building into mu ti- am1 y use.
Page 17
L
O*IHE
O
. . : the Town of Barnstable
• BAxxsrABM •
' 1m� Department of Health Safety and Environmental Services
'OrEo N,o't" Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
January 24, 1997
4
Philip Michael Boudreau
396 North Street
Hyannis,MA 02601
Re: 39 Louis Street,Hyannis,MA
Dear Attorney Boudreau:
A you now know,the property at 39 Louis Street in Hyannis is currently being used,as at least,a four
family home with a renovation to the detached garage going on. We see no Zoning Board of Appeals
authorization for this property to be used as anything other than a two family home.
I understand you have been retained to represent the owner to take care of this. Please file an application
with Site Plan Review and then the Zoning Board if the owner wishes to keep this as a multifamily home.
You must do this as soon as possible. In the event your client wants to bring the building back into
compliance,we will need a building permit to make the conversion.
Please let me know within 10 days of your receipt of this letter which course of action you want to take.
Sincerely,
Ralph M.Crossen
Building Commissioner
RMC/km
cc: Eli and Cecille Cohen
Q970124B
LIME
. . °: lile Town of Barnsta le
• aaiuvsrnai.E. •
Department of Health Safety and Environmental Services
ArFOMA'�A Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
January 24, 1997
Philip Michael Boudreau
396 North Street
Hyannis,MA 02601
Re: 39 Louis Street,Hyannis,MA
Dear Attorney Boudreau:
A you now know,the property at 35 Louis Street in.Hyannis is currently being.used,as at least,a four
family home with a renovation to the detached garage going on. We see no Zoning Board of Appeals
authorization for this property to be used as anything other than a two family home.
I understand you have been retained to represent the owner to take care of this. Please file an application
with Site Plan Review and then the Zoning Board if the owner wishes to keep this as a multifamily home.
You must do this as soon as possible. In the event your client wants to bring the building back into
compliance,we will need a building permit to make the conversion.
Please let me know within 10 days of your receipt of this letter which course of action you.want to take.
Sincerely,
Ralph M.Crosser
Building Commissioner
RMC/km
cc: Eli and Cecille Cohenyp
Atl ft�e,
wool Ar-
h A ;W Aye
Q970124Bo
f
r
cp
f�✓' �f All-
64W -4 0' lie
��Ftf1E tp�
• BARNST"M •
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
September 15, 1997
Philip Michael Boudreau, Esq.
396 North Street
Hyannis, MA 02601
Rc: SPR-060-97 Cohen, 35 Louis Street, Hyannis (309/200)
Proposal: Maintenance as multi-family dwelling with 5 units.
Rc: SPR-061-97 Cohen, 39 Louis Street, Hyannis (309/201)
Proposal: Maintenance as multi-falnily dwelling with 3&4 units.
Dear Mr. Boudreau,
The above referenced proposal was reviewed at the Site Plan Review meeting of September 11,
1997and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance with die following
conditions:
• II*the Appeal of"an Administrative 011icial is upheld, a parking layout is
required. This would bean informal submission to Site Plan Review.
Please be informed that a building permit is necessary prior to any construction. Upon completion
of*all work, the letter of*certification required by Section 4-7.8 (7) of the Town of Barnstable
7�oning Ordinances must be submitted. Also, all signage must be discussed with Gloria Urenas of
this Division.
Should you have any questions, please feel Free to call.
Respectfully,
Ralph Crossen
Building Commissioner
Engineering Dept. (3rd floor) Map _r19
Parcel gld Permit# 1 -1 7 Ui —
House# Date Issued
Board of Health(3rd floor)(8:15 -9:30/1:00-4:30)l !2 1/-.:)0 - Fee <1_1, 06
a v�
Gonservation Office(4th floor)(8:30-9:30/1:00-2:00)
Planning Dept. (1st floor/School Admin.Bldg.) ��ME
Itive Plan Approved by Planning Board 19RNSTABLE.TOWN OF BARNSTABLE "ANT N PERMIT F OM THF
ER
Buildin Permit A lication ENGINEERING DMSION PRIOR TO}g- pP CONSTRUCTION.
eet Address 9 ��� Q,�,c t,p 101
Village l • V l 0.
Owner 0_ t Address q VE JL-&W MQ
Telephone O 3 b- 4'645
Permit Request L4 c 'l
m1t1Z (o -0 l" R AA.J.
�¢ c a.• ,
First Floor square feet Sec Floor square feet
Construction Type
Estimated Project Cost $ a O®c^
Zoning District Flood Plain Water Protection A
Lot Size Grandfathered ❑Yes ❑No
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units)
Age of Existing Structure Historic House ❑Yes ❑No On Old King's Highway ❑Yes ❑No
Basement Type: ❑Full ❑Crawl ❑Walkout a Other " - C,_r
Basement Finished Area(sq.ft.) i Basement Unfinished Area(sq.ft)
Numbe"bf 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: 5rGas ❑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 orles ❑No If yes, site plan review# �l�-(�jy r Q� 1 -2
Current Use- — k4�YV,5 Pro o ed UsenN T
vC `ram
\ Builder Information
Name Telephone Number S O 19 " - t. L
Address W License# O 0 g 0 .ss
`M
1 � O_ Home Improvement Contractor# i o 0 a $s
Worker's Compensation# G Q A0!� l i�
NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS
PROPOSED STRUCTURES ON THE LOT.
ALL CONSTRUnCTpION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE
BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S)
FOR OFFICIAL USE ONLY
PERMIT NO.
DATE ISSUED
MAP/PARCEL NO.
ADDRESS VILLAGE
OWNER .
C r.
DATE OF INSPECTION: t
FOUNDATION
FRAME
INSULATION
FIREPLACE
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
GAS: ROUGH;-,
<� FINAL k
FINAL BUILDING
DATE CLOSED OUT =
ASSOCIATION PLAN NO.a�*'`..i
Sa X' 4
-'7
- RESIDENTIAL. .PROPERTY
LOT'NO.
FIRE DISTRICT.,
SUMMARY '
MAPNO'
� u E 4 • STREET 39 Louis ,St.
HyaririlS
gT2fl�i k H 73 LAND, O
BLDGS.
3.09 y 201 OWNER ._ TOTAL a7/5LAND
RECORD OF TRANSFER DATE BK PG. I.R.S. REMARKS: Lot 8- BLDGS.-
. ..
:"•
ai
H - -
_1445- 7: .�6 c, Gam' B TOTAL
IT-
,..- . . i _. .12a LAND
r
x Robert
q U BLDGS.
TOTAL s a
_ r
i3r f XY{+) ,,. .. MBE•., t q � ,. .% ,
y.
•
- LAND`Fo
'r
a. ' f 7
BLDGS
�Me ar ee., .Johm A• i&aaBarbara 5=14.-79 F2916 ;37,( 28,`50 ) 3 TorAC^ ,
LAND
> BLD
N f i't GS
zG _
'x�?�a " _ .y,`....r a•. .-. - .. :d d; i _ •4�ro .,.TOTAL
t ag3 w<€1 ' r LAND
A f I
v.
3 Y .' ;w .v '•i,3.,..._.: - �-: -:�s, r. I CI. s. T.*"a_ - , �.F .,TOTAL d `ttA R, r
1
•� � • ' LAND
BLDGS: 5 h
L OrT -
ia, TOTAL
•
LAND'
�INTERIOF2 INSPECTED: BLDGS.
d r rr
/� %r�J �i t� 'TOTAL' "
LAND#' -,
ACREAGE COMPUTATIONS S �� 0) BLDGLAND TYPE - # OF ACRES ;PRICE 'TOTAL' DEPR.• --VALUETOTA
`HOUSELOT
LAND
rCLEARED;FRONT BLDGS.
0}"
TOTAL'
�WOODS'8.'SPROUT FRONT.' LAND
REAR _ BLDGS.
rn
'W4STE'FRONT TOTAL
LAND
_ O BLDGS.
k+ TOTAL. 4!.
LAND
4.
BLDGS.
r
,LOT.COMPUTATIONS: , 1,? LAND FACTORS TOTAL
1 FRONT {,•, DEPTH STREET PRICE DEPTH % FRONT FT.PRICE TOTAL DEPR: CDR. INF. F;i VALUE "HILLY.; TOWN.SEWER LAND" "
ROUGH TOWN WATER BLDGs.r;
9� 'TOTAL;s
}
HIGH:i' GRAVEL RD.
LOW DIRT,RD. ;.. HIANDL..SWAMPY ' NO RD.. >> 4 »r?
COIIC W 113 } "* r a ,:i Fin Bsmt:'Area Bath Room Base . x' x-:z st- ., ti «z.. n r r_ ,x 'x
a:., @�_..• : 'r iI. :I.. .T.y ^'^" t ^kr >. - 1 ..kws}',;t.a• :a,„,..,i :t,:•s.,ytx t : 4 +iwai
-.:« ��Baint Rec.-Apom ;r� f (l -,,BLDG. COST # "-t'• ' '
St. Shower Bath Bsmt l
Conc'Blk Walls ,�. ,,, - .:
Onc�cSlab• `.'s{€xi °,r. .Bsmt,Garage 'St.ShowerExt. .APURCH.�DATE
,-a «
a
,Walls �. PORCH. PRICE 'y c :`i 'Y r. tii.. s d ,+.,t•a'
Brack Walls Y� - Attic'Fli"&,Stairs,' Toilet Room i tt '.
.h• :::max RENT
Roof +`a..
stone Walls' ,,,tr Fin:'Attic :. _ .Two Fixt:Bath ° c. ,v.
iers f INTERIOR 'FINIS
r ate'I H Lavatory Extra O t x t 1
3smt
t:' F . f .i +• i. '2 $ Sink
}'t'= s
i +,.•ht,t .. -;,it ,a..-•';^ Piaster Attie 'D t -gip• "fr .iAr w '."x"'
Water Clo:Extra, 41
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"" , Elm Lnuil outufcalfll of 313a55cachuEff5 Permit No. �
W 11cpartinrnt of Public �- afttg Occupancy b Fee Checked(
BOARD OF FIRE PREVENTION REGULATIONS 527 CMR 12:00 5/92 (leave blank)
APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK
�. 2 L .
All work to be performed in accordance with the Massachusetts Electrical Code, 527 CMR 12:00 '
w (PLEASE PRINT IN INK QR TYPE ALL INFORMATION) Date
,e x City or Town of To the Inspector of Wires:
a The udersigned.applies for a permit to/perform the electrical work described below.
Location (Street & Number) j�-! `�•'�U 5 �� w"' /
YOwner or Tt3nan 'r t
d W IOwner's Addres
a% W Is this permit in conjunction with a building permit: Yes ❑ No "'ICJ (Check Appropriate Box)
w Purpose of Building Utility Authorization No.
Existing Servic@ Amps _J Volts Overhead ❑ Undgrnd ❑ No. of Meters
110
'O New Service Amps _J Volts Overhead ❑ . Undgrnd ❑ No. of Meters
z w �
w w r' Number of Feeders and Ampacity
b
�C Location and Nature of Proposed Electrical Work
W W N r VCR✓ /A
d d .
O G p No. of Lighting Outlets No. of Hot Tubs No. of Transformers Total
O
H Above In-
4-I No. of lighting Fixtures Swimming Pool gmd. ❑ gmd. ❑ Generators KVA
�4j
— No. of Emergency Lighting
j-N-I No. of Receptacle Outlets No. o1 Oil Burners Battery Units
W W ' iNo. of Switches � No. of Gas Burners ' FIRE ALARMS No. of Zones
AG U a No. of Air Cond. Total No. of Detection and
3 No. of Ranges �� tons Initiating Devices
aad a i No of Heat Total Total
y No. of Disposals o Pumps Tons KW No. of Sounding Devices
WNo. of Self Contained
W No. of Dishwashers 2.9 Space/Area Heating KW DetectloNSounding Devices
x '
a Municipal
� N
W o. of O rs Heating Devices ❑Other
a � � � H i Di KW Local ❑ Connection
ra
W i No.of No. of Low Voltage
x No- of Water Heaters KW Signs Ballasts Wiring
HW No. H No. of Motors Total HP Security System
W O , Ydro Massage 7Lbs
-a I
cla O OTHER:
HP INSURANCE COVERAGE: Pursuant to the requirements of-Massachusetts general Laws
a 11 1 have a current Liability Insurance Policy including Completed Operations Coverage or its substantial equivalent. YES ENO O 1
,4 a have submitted valid proof of same to the Office. YES I§-"NO O If u ave checked YES, please indicate the type of coverage by
0 2 checking the appro ate boot. ��° T r577
Q INSURANCE QY BONO O OTHER O (Please Specify)
(Expiration Date)
—1
3 iEI W j1CHECK APPROPRIATE BOX: I have Worker's Compensation Insurance ❑ I have no Employees
F� 1 a El stimated Value of Electrical Work S
�G P W Work to Start Inspection Date Requested: Rough Final
'sl Hai 1, wr Signed under the attics Of pe ry -8..1a
W FIRM NAME LiC. NO.
:<� E-�,Licensee 1< - n <t /Signature LIC. NO.
� Z Address L4�l�r� / 1 &4 �(�(XJ. k la, t�C��P BAus It. Tel. No. 3 '�Address
WOWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the insurance coverage or tts substantial equivalent as re-
quired by Massachusetts General Laws, and that my signature on this permit application waives this requirement. Owner Agent
` � '-'.tPi V07�t7�tO�tll/PiQ� M ����� ''���•.`�_.r--.e..�r�..,�� .7.
SAFETY
DEPARTMENT OF PUBLIC Restricted To: 00 "<
y 64913
CONSTRUCTION SUPERVISOR LICENSE
Numbe 00 - None
[ i -_Expires:
16 - 1 6
Restricted Toi 00 1 Family Ho mes
Failure to possess a current edition of the
MARK A WENZEL Massachusetts State Buiildinq Code
r•' 45 WNIDgN WAY is cause for revocation of this license.
CENTERVILLE, MA 02632
r".
t.
•r ,
The CUIttmonit'eulth oj:1tassachusetts
1 ---=
__.• �� Department ojlirdustrial.4cridents
• ^ � •• rat �.•1 ,
Office aflevestINIAns
01= 600 11 ashbigtun Street
' Boalm Mass. (12111
�•' Workers' Compensation Insurance Affidavit
tl pile t�n nformation Please PRINT*Ie6ly •
. :*
name: U �'ran` f'� �� � E N 2—E &
location CI 1,l .s 5 T
Cin, 5 ghone 0 ? 1
1 am a homeowner performing all work myself.
I am a sole proprietor and have no one working in any capacity
1 am an employer providing workers' compensation for my employees working on this job.
cmm�•tm n•tmc bQ J LF, L r�r+w� � � Ai�
adclrccs ? ✓ .W H I D A H W AY
city e AJ Te (` i Q phone�!• 7 7 ^�l �l .
incur�nce cp �CJ�MOI nolicv# L4 a'04,5�o
I am a sole proprietor, general contractor, or homeowner(circle one) and have hired the contractors listed below whc
the following workers' compensation polices:
comp•tnv name,
a.&freis:
phone O!• -
incur-ince co police•0
ram nnv name•
'tddre c•
cite-- phone#•
cur••tnce co nolicv a
:Attach additionalshcetifrieeei� .:;.: ;�:'-.'c�"` .:rS:�.:. :�:'`� . •`"£.','. """" '"'• .` .. `— , . .
Failure to secure coverage as required under Seetion 2SA of�1GL 152 can lead to the imposition of criminal penalties of a fine up to SI500.00 an'
line years'imprisonment as well as civil penalties in the form of a STOP NVORK ORDER and a fine of 5100.00 a day against me. 1 understand th
copy of thus statement may be furn•arded to the omce of investigations of the DIA for coverage verification.
1 do herchr certif•►•lint t/ic pains and penalties of perjurt•r/tat the information provided above is true and correct.
Signature V-�) Date 1 l a y- 9 1
Print name Phone# 7 "
I
•otridal use univ do not write in this area to be completed by city or town official
city or town: permit/license i3 r iguilding Department
C3Ucensing Huard
check if immediate response is required [3selectmen's Office
C]1lcalth Department
contact person:
phone il• r iOther
' r
.Information and Instructions
Massachusetts General Laws chapter 152 section -25 requires all employers to provide workers* Compensation for
employees. As quoted loom the "law', an cnzplt ree is defined as every person in the service of another under anN
contract of hire. express or implied. oral or written. '
An etnpinrer is defined as an individual. partnership. association. corporation or other legal entity, or anv two or r
the foregoing enuaged 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. Howeve
owner of a divelling, house having not more than three apartments and who resides therein, or the occupant of the
dwclling house of another who employs persons to do maintenance , construction or repair work on such dwellin;
or on the rounds or building appurtenant thereto shall not because of such.employment be deemed to be an empl
MGL chapter 152 seaion :51also states that"-' er-'state or local licensing agency shall withhold the issuance o
renewal of a license or hermit to operate a business or to construct buildings in the commonwealth for any
applicant ,%viio 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 chap'
been presented to the contracting authority.
._ is �'.. - .... _ ��i.��.'. �..;:,.r- ��•-
Applicants
Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation
supplying company names. address and phone numbers as all affidavits may be submitted to the Department of
Industrial .accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit• The
affidavit should be returned to the city or town that the application for the permit or license is being equested.
not the Department of Industrial Accidents. Should you have any questions regarding the "law" or if you are rec:
to obtain a workers' compensation polio-Y. please call the Department at the number listed below. 91
Cin• or ,roivns
Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at tite botto
the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant.
be sure to fill in the permit/license number which will be used as a reference number. The affidavits tray be return
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 queE
please do not hesitate to `ive us a call. - T
».....
The Department's address. telephone and fax number: a
The Commonwealth Of Massachusetts
Department of Industrial Accidents
Office of investigations
600 Washington Street
Boston, Ma. 02111
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The Town of Barnstable
3 1ARNAIG [ : Inspection Department '
019
6 A` 367 Main Street, Hyannis, MA 02601
�0 A'(Y0
508-790-6227
Joseph D. DaLuz
Building Commissioner
January 19, 1994
Pike Insurance
P. O. Box 1658
Orleans, MA 02653 FAX: 240-2908
Attention: Mary McDermott
RE: A=309 201
39 Louis Street, Hyannis
Dear Ms. McDermott:
Please be advised that the Building Department has no
present record of a building permit for the garage apartment
located at 39 Louis Street, Hyannis.
Very truly yours,
J r1dingg
a z
Bommissioner
JDD/gr
FAX TARANSM117AL #of pages /
To: N,49- /e F a. From• .l r A/-U Z- i
Co.
Dept Phone# (508)790-6227
Fax# ,?4J-Z 9 0 ,? Fax# (508)775-3344
i
rrCJC LOLIS STREET CTY 07 TL:S ..rc_.ii ,.IY KEY 224901
_........__MAILING ADDRESS_._._.....-....._- PC:A 1051 PCs 00 YR 00 PARENT 0
McCiA "tGE..., JClrlN A & MAP r,Ri.«A C014 jY 40001 t'ITO 1002
ME.GARGEE, BARBAhA SPI SP2 SW
30 BA XTER ST UT I. UT2 . 12 SO •-1 2488
DENNISF"'ORT MA 0:LI_-•:9 AYB 1910 EYB 1970 OBS :ONST �
0000? LAND 40300 imp p 79900 a OTHER 1500
„-a
-_,--LEGAL DESCRIPTION---- TRUE MKT 121 700 FILM CL ASS 16 I E: D
rt LAN : 1 40, 300 c;0 ASD t...!'•D Q•C)._i00 ASH IMP P 79900 ASS: OTH 1500
#BLDG(S) -HARD-1 1 79, 900 DESCRIPTION TAX YR CURRENT - EXEMPT- TAW,-_,`
#OTHER FEATURE 1 14 500 TAX EXEP'PT•
RPL 39 1._OU I S STREET H Y ANN I S RES I DENT"L 121700 0 121700 1 1 7 00--
#DL LOT 8 OPEN SPACE
NSl 05/79 24 $000285 0 I COMMERCIAL.
R i"t 0923... 0 0•:•_ INDUSTRIAL
1
EXEMPTIONS SALESALE PRICE ORB 2916/37
t
LAST ACTIVITY �9/21/89 PCR Y
�►K
� s
��
; ,
-'a
,�
•ROPERTV ADDRESS I I ZONING IDISTRICT CODE SP-DISTS.IDATE PRINTEDI CSTATE LASS PCSI NBND KEY NO.
0039 LOU S S R ET
LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T
Land By/Date size Dimension LOC./YR.SPEC.CLASS ADJ. COND. VP UNIT ADPRICE YD IT .
CD. FF-De to/Acres ACRES/UNITS VALUE Description MEGARGE E. JOHN'A` 8 MAP-
#LAND 1 40,300 CARDS IN ACCOUNT -
30 3SITE 1 x' .1 =100 467 71999.99 336239.96 .12 40300 #BLDG(S)-CARD-1 1 85.400 01 OF 01 '
#OTHER FEATURE 1 1.500 COST 1 VIM—
BATHS 3.0 U X C= 100 10500.0 10500.00. 100 10500 B #PL 39 LOUIS STREET.HYANNIS MARKET 80100
RGI =DETGAR S 18 X' 20 192C C= 21 F 1 • i19.31C . 4.05- 360 1500 F #DL 'LOT'8 INCOME
A DOR DORMER L X' C= 100 12b.3 126.3121 12.00 1500 a #S1 05/79, 24 $00028500< I USE .
D #RR 0923.0050 APPRAISED'VALUE
J A 1270200
U PARCEL.ISUMMARY
\ S AND 40300
T BLDGS 85400
M 0-IMPS , 1500
- E
TOTAL 127200
N N, CNST
DEED REFERENCE Type DATE a PRIOR TEAR 'VALUE
T Book Page lost Mo. vr.D S.1-Rewrca
i- LAND 40300
S 2916/3"' 00100 BLDGS 86900
5280/06.5: :09/86 TOTAL' 127200
i
I
BUILDING PERMIT AND.ADJUST. FOR
Number Data Type Amount S I Z E.
LAND LAND-ADJ INC ME SE SP-OLDS FEATURES BLD.-ADDS UNITS
................
40300 150 ' 12000
Class Cons'. Total Vear Buill Norm. Obsv.
Units Units Base R.I. Adj.Rate A I Age Depr. ConC. CND. Loc. -R.G. Repl.Cosl New Adj.Repl.Value Stories Height Rooms Rms Bath. a`Fm Party it Fat.
02C 000 100 100. 60.80 60.80 10 70 24'74 100 74 115385= 85400 1.4_ 11 '. 5- 3.0 12.0
Description Rate Square Feel Rep.Cost MKT.INDEX: 1•00 IMP.BY/DATE: ME. 1 1/87 SCALE: 1/00.5 4 ELEMENTS CODE CONSTRUCTION DETAIL
BAS 100 60.80 1140 69312' Y : F IL .DWE LING CNST GP:00,
FSF. 90 54_72 208 11382 N *-8--* STYLE 17DUPLEX 0.
FEP 65 39.52 48 1897 *-----25*FEP-** ESTGN-ADJMT _00.-------------------U
B14.. 30 18.24 1140 20794 ! 614:: ! EXTER.WACLS . .1 ---D SHIN_6LES Q.
• ! ! EArt7At'rtYPE f.TGAS=YARN
'' ! - � NTER.FINISH Qb RTNA'Ll ---------�� ;
! ! QTE7R.LAYOUT f2 VER./liORNAL` --- Q
! INTER:aUACTY -02 /ENE AS-EXTEIF:--6-
38 BASE 38 Lb-6R-STKUCT -02 D -joyfT76t-AF]---3f
D Y ! E L_0V9_taVER-- -01 Al OWWO6----------U.
E rptalAreas Aux_ 48 Base= 1348 ! ODF-TYPE---- -01 _4kEf ICSPH-�H--- Q:
BUILDING DIMENSIONS ! ! LE-C-TRITAC 01 YERA -0.
T BAS Y28 .FSF S08 E26 N08 W26 .. ! OUNDATTON?-- -02 6NCRYTE'Bi EiCR-Y4:
A BAS.H02 N38 E25, FEP N06 M08' S06: ! i -------------- --- ----------------------
E08 BAS E05 S38 814.N38 *-----28_----*X. -----COMMERCIA - A l/ti-2N`-HYANNIS-14Y15
L Y30.S38 E30 .. 8 8 - - - -
e -- LAND.. - -TOTAL' MARKET-
_ _ -FSF'' A- PARCEL 40300 ` 127200
*�-----26-----*. AREA:
VARIANCE +0 +0
STANDARD 50
Town of Barnstable
Planning Department q
Staff Report
G
Appeal No. 1997-101 & 102 -Cohen,Trustees
Doea' of the Building Commissioner
Date: September997
To: f Appeals
From:
Robert P. Schernig, Director
Art Traczyk Principal Planner
Applicant:......................................Eli and Cecille V.Cohen,Trustees
Appeal Number ........................... -
Property Address........................ 39 Louis eet,Hyannis,MA
Assessor's Map/Parcel................ arcel 201
Area............................................... 0.12ac...... ...................... Building Area: 2,488 sq.ft.
Appeal Number ............................ 1997-102
Property Address..........................35 Louis Street,Hyannis,MA
Assessor's Map/Parcel................ Map 309, Parcel 200
Area............................................... 0.11 ac..... ...................... Building Area: 2,354 sq.ft.
Zoning:........................................... UB Urban Business Zoning District
Groundwater Overlay ...................AP Aquifer Protection Overlay District
Filed Aug.01, 1997 Hearing Sept. 17, 1997 Decision Due November 07,1997
Background:
The locus of these two appeals of the Building Commissioners decision is at the south west corner of Louis and
Washington Streets in Hyannis. The two lots are adjacent, developed lots located in an UB Urban Business
Zoning District. Information on the lots are as follows:
Appeal Number 1997-101
Assessor's Map 309, Parcel 201 - 39 Louis Street, Hyannis, MA
A 0.12 acre lot developed with a 1.5 story, 2,488 sq.ft. two-family dwelling and an 3.60 sq.ft. accessory
building cited as a detached garage but apparently utilized as a studio dwelling unit onto itself.'
Appeal Number 1997-102
Assessor's Map 309, Parcel 200 -35 Louis Street, Hyannis, MA
A 0.11 acre lot developed with a 2.5 story, 2,345 sq.ft. five-family dwelling and a 400 sq.ft. accessory
building cited as a detached garage and apparently utilized as a garage.2
In each of the case, the applicant is appealing the decision of the Building Commissioner's letter dated February
04, 1997 which cites the use as being illegal. The applicant apparently will be attempting to justify the use and
its changes to a multi-family use based upon the 1980 Zoning Bylaw text, "Any building hereafter erected in a
Non-Residential District shall comply with the minimum requirements
The existing conditions Site Plan has been reviewed by Site Plan Review Committee on September 12, 1997
and found approvable.
Zoning District History:
The area was originally zoned Residential in 1951 (ATM 3/5/51 -Article 97) In 1956 it was rezoned to RA-1
Residence A-1 District with the Comprehensive Rezoning of the Town 3 (ATM 3/5/56 -Article 42) In 1967, the
area was zoned UB- Urban Business, (ATM 3/7/67 Article 42)that permitted multi-family units subject to
provisions of the UB District and in accordance with Section Z-Apartments (1965).
Source: Town of Barnstable Assessor's Records
2 Source: Town of Barnstable Assessor's Records,
Town of Barnstable..Planning Department-Staff Report
Appeal No. 1997-100&102. -Cohen,Trustees
Appeal of the Building Commissioner
Copy.from the 1997 Zoning Ordinance of the Town of Barnstable:
3-3.1 B. BA and UB Business Districts
1) Principal Permitted Uses: The following uses are permitted in the B, BA and UB Districts:
1) Multi-family dwellings (apartments)subject to the provisions of Section 3-2.1(1)(J)(a)
through (h) except that multi family dwellings shall be prohibited in the BA District.
Copy of Section 3-2.1(1)(J)
J) Multi-family dwellings (apartments), subject to the following conditions:
a) The minimum lot area ratio shall be five thousand (5,000) square feet of lot area
per each apartment unit for new multi-family,structures and conversions of
existing buildings.
b) The maximum lot coverage shall be twenty per cent(20%) of the gross upland area
of the lot or combination of lots.
c) The maximum height of a multi-family dwelling shall not exceed three (3) stories or
thirty-five(35)feet, whichever is lesser.
d) The minimum front yard setback shall be fifty (50) feet or three (3) times the
building height, whichever is greater.
e) The minimum side and rear yard setbacks shall be not less than the height of the
building.
f) A perimeter green space of not less than twenty (20)feet in width shall be provided,
such space to be planted and maintained as green area and to be broken only
in a front yard by a driveway.
g) Off-street parking shall be provided on-site at a ratio of one and one-half(1.5)
spaces per each apartment unit and shall be located not less than thirty (30)
feet from the base of the multi-family dwelling and be easily accessible from a
driveway on the site.
h) No living units shall be constructed or used below ground level.
i) The Zoning Board of Appeals may allow by Special Permit a maximum lot coverage
of up to fifty per cent(50%) of the gross area of the lot or combination of lots.
Attachment-Assessor's Card
Attachment-ZBA Application Forms and Submitted Materials
2
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DAVIDA.OLSON ts 17�u
28 BARNSTABLE ROAD
qeE JLICENOvSKIS JLflDtTION H��Q �35
HYANNIS MA 02601 '� H r�NI NIS I9• - f3-'C
,,I Jim, I w,I I Alc I (,()[-I[- :-;I, IWIIF; JI)AIF: ';!7
I PC S t I U I ID LL_I Q L tilff JL8-LB-i li_±ku 2.L*El L- KEY I.
d
STREET 07 US 400 07HY 01/04/96 1041 0 L)
OU35 LOUIS HY15 2 R309 20 1 248
ADJUSTMrNr I'ACIOIIS T POIIIFll Vi ATIJ14ES(�_F 6iLIPI!0N 0.
17.1. n-'l, y UNIT ADJ 111,UNIT MAP-
ACREs/um rs VALUE H 0 W E S, WILLIAM IS &DEBORAH G
(;L_ASS AUJ. COND. c PRICE PRICE
#LAND 1 38o800 CARDS I IN ACCOUNT
L 30 3SITE 1 X .11 =101 490 71999,91 312799,96 "ll 38800 #3LDG(S)-CARD-1 1 14BP500 01 OF Of
A #OTHER FEATURE 1 1o500 (MARKET
OST TgTgoI
NBATHS 5 .0 U _x C= 100 175OO.00 17500.00 1.00 17500 j 4PL 35 LOUIS STREET HYANNIS 113601
D .8LA BSMT RM S x C= 100 38.8 38.80 1008 39106 3 IDL LOT 7 INCOME
R1.1 Drr GA{ s 29 x 20 ` 1959 E= 38 19.3 400 150L F 4S1 07l80, 24 S00048000 1 (USE
A 3.661
D i R IJ923 UJ50 1786 0101) (APPRAISED VALUI
D 3 R WASHINGTON AVENUE :A 189,801
ui PARCEL SUMMARY
s iLAND 3880(
A T IBLDGS 14850(
m 0-IMPS 150
TOTAL 18880
F E N CNST
E rq -
DEED HEFFRENCE DATE Iq R-0 PRIOR YEAR V A L
AMo.T d S.,..Pl
DI LAND 3880
-F S 3129/279, 00/00 BLDIGS 15000
u TOTAL 18880
R
E BUILDING PERMIT -*ENTRANCE G A I N
s Al-1.1 iTO APT ON M A IN.
L A 14 D I PJ
.LAND-ADJ C O�ME �SE SP-BLDS FEATURE SLD-ADJS U.141 T S FLOOR 1 ATTI
38300 150 56600 (APT BSM14T
AP T...........
A,,, llal, Ag� C. F CNDa. . .............
.
25C 000 1.00 100 70.65 70.65 20. 6.5 29 66 100 66 225023 14d500 2.5 10 3 5.0 20.0
PI�Cst �MKT.INDEX 1100 IMP.BY;DATE: ML 11/87 SCALE 1/00.65 ELEMENT S CODE CONSTRUCTION DETAIL
s 8 a DO 70.65 1008 71215 GROSS AREA 2354 FIVE FAMILY CNST GP:90
T IS5 100 70.65 240 16956 N *-*---1.4--- STYLE--------- -IBMULTIFAMIL-Y -----0.0
R 156 100 70.65 I 98 6924 FOP 1S8 7 DESIGN AD J MT 00- 0.
- J ------ ---
-
u FOP 3 J24 1 28 692 ----------36--14- ExrER.WA-LLS _05STLCC6 - ----a.
C 825 102 172.06 1008 72636 825 HtAfiAc TYPE 00OIL-HOT WATER d
----------------------
T I N T7E R FI_N_i_S_H_ --O-4DRYWALL
--
n
u I N VE7 0 LA-Yo U T _t 2 AVC k _1_46 0 MAL----- -
--- ---- --- -
R lNT ER. IU ALTY OIA BOVE EXTER 0.0
A
28 BASE 28 F L OVIR---S_Tk u C_T_ -02 4-6-J OYST/13 E-A14 0----------
L D W E F L-0 OR-COVER_ _Oi ----------- 0.0
E T.I..Ar-, 28 1346
T BUILDING DIMENSIONS E UECT R-I-CAL -6 i AVE RAGE --- o-b
A SAS W33 1SB S08 E30 N08 W30 F6ljW5AT_1N_6 _ _ _62CONCRETE-BLOCK- 9-9.0
SAS W03 N28 E36 1S2 N07 W14 FOP -------------- - --- ----------------------
--------------- --- --------------------
W04 S07 E04 N07 .. 1SB S07 E14 ----------33-------*-X' COMMERCIAL NBHD IN HYANNIS HY15'
L SAS S28 B25 N28 W36 S28 8 8. LAND TOTAL MARKET
I'E"3 6 1SB_ .PARCEL 38800 188800
AREA
VARIANCE +0 +0
STANDARD 50
U FII NL. UISI!II(.i Cuui, ':.I'-UI;,i I:S. UAI iz PHIN I LU " �'(:S NbIU) u,•= ---V-1i.1 Lam:(li l:._:-..!.'...L
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---0 U 3 9 �o U��SLE�f 7 H Y D 1/D 4/ 2249r.'.
LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Y UNIT ADJ'D, UNIT
-i�:�i ey/Dare s F�Drc e rnm.as�enI cres E ACRES/UNITS VALUE Des ,I;on MEGAR GE Er JOHN A 8 MAP-
CD. F
If LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE #LAND 1, 40..300 CARDS IN ACCOUNT
hlA '
L 30 3SITE 1 X .12 =100 467 71999.99 336239.96 .12 4133UJ /IdLDG(S)-CARD-1 1 85.400 01 OF 01
A #OTHER FEATURE 1 1.500 COST.
N BATHS 3.0 U X C= 100 10500.00 10500.0 1.00 10500 d NPL 39 LOUIS STREET HYANNIS MARKET 80100
D RG1 DETGAR S 18 X 20 192 C= 21 F 1 19.3 4.05 360 1500 F t1DL LOT 8 INCOME
A IDUR UORMER L X C= 100 126.3 126.3 12.00 15JU d 431 175/7/ 24 $00023500 I IUSE
DI
4.2R 0923 u050 APPRAISED VALUE
D i A 127,,20[
PARCEL SUMMARY
T S LAND 40300.
A SLOGS . 0 8540 T
1 O-IMPS 150C
M TOTAL 127200
F E N CNST
E n� DEED REFERENCE Type DATE R.cn,eea-PRIOR YEAR V A L U
A
T Et Page Ins' Mo Y, p Sele.P^c" L AN D 4 0 3.0 C
T SI 2916/37 -00/00 SLOGS 8690C
U 5280/065: :09/86 TOTAL 12720C.
R
E BUILDING PERMIT . . LAND ADJUST. F b
S^ Numb.r Du(o Type Amounl .
LAND LAND-ADJ INC ME SE SP-OLDS FEATURES BLD-ADJS UNITS
40300 1500 12000 ...
-- con,( rolal Yea.Bem Nor.n ohs.
Unes Un�ls Base Rate Aol Rale A r fl Age (•ions. CND. Loc %R.G. R-1 C-1 New AUI Repl I.:- $loves Heigh( Rooms ee Rms.B.- .Fi.. P.ri".t,F.e
02C 000 100 100 60.80 60.80 10 70 24 74 100 74 115385 35400 1 .4 11 5 3.0 12.0
r Srluare Fcel Repl Cost MKT.INDEX: 1.00 IMP.BY/DATE: ME 1 1/87 SCALE: 1/00.54 ELEMENTS CODE CONSTRUCTION DETAIL
S dAS 100 160.80 1140 69312 GROSS AREA Z488 TWO FAMILY DWELLING CNST GP:00
T iFSF 90 154.72 208 11382 N *-8--* STYLE 17DUPLEX 0.0
F E P 65 139.52 48 1897 *-----25*FEP-** 5E3IGN"AOJMT_ -00---_-_-_--""- -- -Q.0
U i d14 30 18.24 1140 20794 ! B14 ! EXTcA.rIALLS f1W00D SHINGLES 6.
! HEAT/AC TYPE f1GA = A 0 SWARM IR .
C I ! ! INTcR.FINISH 04 YRYWALL (1.0
T ! ! IMTER.LAYOUT T2AVER.TWO RMAL (TA
D ! ! ImT-E9 _�_U_CCTY- -02SAFI(E AS EXT-ER----O.
R A 38 BASE 38 FLOOR--STIFUCT" -02W0-Jag-STIElt-AM----_0:
L D W ! ! EFLOUR COVER OT WOWOO6 Q:0
E ,TpraiA.eas Aoa _ 48 Baae= 1348 ! ! OaF"TYP-E"""" "01 AS`CEAS PH--SN-- -,Q:_0
��- BUILDING DIMENSIONS ! ! E T L ET R I�AC O T VE R A-G-E -YJ.0
T �'8AS W28 FSF S08 E26 N08 W26 .. ! ! F0_UADATTON" -02 CONCRETE 8LOCK V9:
A BAS W02 N38,E25 FEP N06 W08 S06 ! -------- ----- - -` ----------------------
E08 .. BAS E05 S38 . . B14 N38 *-----28-----*X
-----COMhTERCIA ""N lfD"IN-NYANNIS-}fYTS
L W30 S38 E30 .. 8 8 LAND TOTAL MARKET
FSF ! PARCEL 40300 127200
*------26-----* AREA
VARIANCE +0 +0
STANDARD 50
TOWN -OF BARNSTABLE
Zoning Hoard of Appeals
M...� javolieatioo. .for other Powers
Date'.Rece vecLj7 ( ror office use only:
T+wn Clerk office _. Appeal #
:} Searing Daze
Decision Due
The undersigned hereby applies to the Zoning Board of Appeals for the reasons
indicateds
Eli Cohen and
Applicant Names Cecille V. Cohen, Trustees , Phone(617) 438-8151
Applicant Addressr 84 Roosevelt Road, Medford, MA 02155
Property Locations 39 Louis Street, Hyannis, Massachusetts
This is a request fors
l� L5 u n
Fig
(] Enforcement Action €; AUG 119�i
(] Appeal of Administrative Officials Decisio
Repetitive Petitions TMW CF 'STABLE
] P R0ARRD OF APAPK''n`I.�..__P
(}q Appeal from the Zoning Administrator
(] other General Powers . . - Please Specifys
Please Provide the Following Znformation (as applicable)s
Eli Cohen and
Property Owners Cec. ille V. Cohen, Trustees Phone (617) . 438-815.1
Address of owners 84 Roosevelt Road, Medford, MA 02155
Zf applicant di.ffera From owner, state nature of Interest:
Assessors map/Parcel Number 309/201
Zoning_ District UB
Groundwater Overlay District AP
VT.%Jc:: .action(s) of the toning ordinance and/or of MGL Chapter 40A are YOU
appealing to the zoning Board of Appeals? Bassi`-Gen:=Laws_Chi�.,40A _..Secs:6 _ -
Barnstable Zoning Ordinance;, Sections 4-4.4 and 4-4.5.
Existing Levol of Develop eat of the Property__-'`�v of suildingss 2.
present Vse(s) 2 multi-family (3 units') , Gross Floor Areas 2,23- oq,, ft.
JUL-j i-7 ,'CU 1 FI1 RPI rdi,fI'-,liit'Lh. t1:.h::11;U. Ull"1` f hU.
Apolieation !er Other Powers
Nature i Deseripticn of .Requests This. is an appeal of the decision of the Building
Commissioner or July 15, 1997 wherein the Building Commissioner found that. the present
use of locus as a multi-family dwelling was not permitted as a pre-existing noncon-
forming use and required a variance to continue as such. The applican
finding and sub ts contest this
mit that the present multi-family use at locus is grandfathered as a
pre-existing r -e i n
7 nonconforming use as it complied with the zoning bylaw when commenced and
has continued unabated and unchanged since.
Attached .separate sheet If needed.
Is the property located in an Historic District?
If ye-9 QKH Use OnIXt Yee
Plan Review Number -
Date Approved
Is the building a designated Historic Landmark?
If Yes j J No �yes Historic .Pr,—_na—ft4,iC. Da artment Use Onl s
Date Approved
Has a building permit been applied for?
Yes
Has the Building Zfsspeetor refused a permit?
To xjCj no !1
Has the -property been before Site plan Review? (Pending)
Yee x�c) No j)
For Building Department Vse onlvs
Not Required - Single gamily j:
site Plan Review Number -
Date Approved
Signatures .
The following information must be submitted with the application at the
time of filing, failure to supply this may result in a denial of your
requests
Three 13) Copies of the completed application form, each with
original Signatures.
Three (3) copies of all attachments as may be required for etanding
before the Board and for clear understanding of your appeal.
The applicant may submit any additional sapporting documents to
assist the i700
a)r�n�its determination_ ---
'p Micha reau, Est _lttarxey -f or_ --- �-
Signatures n and Cecille..y. Cohen, Tr. Dates August 1, 1997
Applicant or Agents Signaturer
Agent's Addreest 396 North St. , Hyannis, MA 02601 Phones 775-1085
Fax No. 771-0722
The Town of Barnstable
• ar►nxernsc�. •
MAW Department of Health Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crosser
Fax: 508-790-6230 Building Commissioner
July 15, 1997
Philip M. Boudreau
Attorney
396 North Street
Hyannis, MA 02601
Re: 39 Louis Street, Hyannis
Dear Mr. Boudreau:
I received your letter concerning 39 Louis Street, and I respectfully disagree. I believe a
variance is needed after Site Plan Review approval as indicated in my 1/24/97 letter.
Sincerely,
Ralph M. Crossen
Building Commissioner
RMC/lbn
g970715c
LAW OFFICES OF
PHILIP M. BOUDREAU
396 NORTH STREET
HYANNIS,MASSACHUSETTS 02601
Telephone:(508)775-1085
Telefax:(508).771-0722
E-MAIL:pmichb@capecod.net
Philip M. Boudreau
Philip Michael Boudreau
Mark H.Boudreau
July 11, 1997
HAND DELIVERED
Ralph Crossen, Building Commissioner
Town of Barnstable
367 Main Street
Hyannis, MA 02601
Re: Eli Cohen et al, Trustees
39 Louis Street
Hyannis, Massachusetts
Dear Mr. Crossen:
As a follow-up to our recent conversations relative to the above-referenced
property, I have researched the past use of the premises, the zoning history and the
relevant law.
Research at the Assessor's office indicates that the structure on locus was built
well before zoning was enacted.
It appears clear that locus has been improved and occupied as a three apartment
dwelling in the same physical configuration since at least May of 1979, when John A.
Megargee et ux purchased the property. I enclose a copy of a letter from a former owner
of the abutting property at 35 Louis Street, William G. Howes III, in this regard for your
reference. At some point in time - and this is not clear at present-the detached garage on
the property was converted to business use and was leased for that purpose and possibly
for residential purposes as a single apartment as well. My understanding is that this latter
renovated structure is now vacant.
Locus lies within an Urban Business District (UB).
Ralph Crossen
P I
July 11, 1997
Page 2
I
4
In 1979, the material provisions of the Barnstable Zoning By-law allowed
apartment houses as of right, Zoning By-laws, February 1980, Town of Barnstable,
Massachusetts, Section K(1)(e) and (9), subject only to restrictions set forth in Section M
of the Bylaw which stated that "(a)partment dwelling structures may hereafter be built
where authorized, but only in accordance with the following requirements:...:" (This
latter Section then went on to itemize restrictions relative to the intensity of use, parking
requirements, etc.) A copy of the applicable portions of this Zoning Bylaw is enclosed
herewith.
i
Section M(1) was amended in 1982 to state that (a)partment dwelling structures
may hereafter be built or established in an existing building when authorized..." Section
M(1)(a) was also amended at the end thereof by adding after"in the apartment structure
proposed"the following language: "or the conversion of an existing building into multi:-
family use." (The itemized restrictions in Section M were also amended in 1982 by
decreasing the allowed intensity of use.) See Zoning By-laws, February 1983. Town of
Barnstable. Massachusetts, Section M, a.copy of which is also enclosed herewith.*
While, it is clear from the applicable provisions of the.1982 By-law that new apartments
could not be established in existing structures after this zoning amendment unless in
compliance with the other provisions of Section M, all of the apartments in question in I
the main dwelling structure were established in an existing structure prior thereto. Thus,
one must look to the provisions of the prior By-law to ascertain the legitimacy of the
apartments in the main dwelling structure on locus.
As recited above, the applicable Zoning By-law restricted only apartment
dwelling structures thereafter built, which prohibition is clearly distinct from a
prohibition against apartment units established in existing structures, which were not
restricted at that time. As further.support for this distinction, the language in Section
M(1)(a) restricted only "apartment structures proposed" and, only after the 1982
amendment, restricted "conversion of an existing building into multi-family use." In
addition, "dwelling" structures - whether single or multi-family were defined in the By-
law at that time as "detached residential buildings.," which further distinguishes
apartments which would be established in existing structures from those entirely I
independent to-be-built detached structures contemplated for restrictions in the prior
Section M.
Accordingly, it is my opinion that the use of the main dwelling structure on locus
for three apartments prior to the 1982 zoning change was clearly an allowed use under the 1
By-law then in effect, which use later became legally nonconforming when the By-law
was amended. Since this use has continued unabated to the present time, its i
grandfathered status remains intact.
i
Ralph Crossen
July 11, 1997
Page 3
I trust that upon review of the enclosed that you will concur with the above and
look forward to hearing from you in this regard.
Thank you again for your consideration in this matter.
Sincerely,
Philip Michael Boudreau
PMB
Enclosures
*I have researched the history of the 1982 zoning amendment, including minutes
of Planning Board and Town meetings. The amendment was proposed by the Board of
Appeals, which appears to have been concerned mainly with the then existing density
requirements for apartment buildings (ie. 1 unit/2,500 sq. ft. v. 1 unit/5,000 sq. ft.).
Unfortunately, the minutes of the official Planning Board hearing immediately prior to
the Town Meeting are among the missing. However, discussions in all other minutes
dealt with the reduced intensity of use provisions of the proposed amendment and no
mention is made on the record of the additional language relative to establishment of
apartments in existing structures.
C:\OFFICE\WPWIN\WPDOCS\LET\LETEC2.DOC
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l('T'/' a:: �'.T�.'?.t..iE'?'_..C� Ll .c:. .i��T ��rSf:t ~1.�)11� ,5�: . $$l:i '.
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f� -.�\'/'�$. ..1 \ 7'1', �`'•T;1!;Cl .�C,1^OTri' 't�i� 1; .:j'>> lr'.\:
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The Town of Barnstable
• suuvsr BLF. •
9� MAS& �m� Department of Health.Safety and Environmental Services
16 9. Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 . Ralph Crossen
Fax: 508-790-6230 Building Commissioner
January 24, 1997
Philip Michael Boudreau
396 North Street
Hyannis,MA 02601
Re: 39 Louis Street,Hyannis,MA
Dear Attorney Boudreau:
A you now know,the property at 39 Louis Street-in Hyannis is currently being used,as at least,a four
family home with a renovation to the detached garage going on. We see no Zoning Board of Appeals
authorization for this property to be used as anything other than a two family home.
I understand you have been retained to represent the owner to take care of this. Please file an application
with Site Plan Review and then the Zoning Board if the owner wishes to keep this as a multifamily home.
You must do this as soon as possible. In the event your client wants to bring the building back into
compliance,we will need a building permit to make the conversion.
Please let me know within 10 days of your receipt of this letter which course of action you want to take.
Sincerely,
Ralph M.Crossen
Building Commissioner
RMC/km
cc: Eli and Cecille Cohen
Q970124B
JUL- I.=I:LE. f'L.=.K"ID', I'EfI
TOWN OP BARNSTABLE
Zoning .Board-of, Appeals
j► licatioo for Other Powers
Date Received r.,r.o office use only:;.
Town Clerk Officl Appeal # I CR I - IN4, .
Searing Date q`I� - `1 -
';jT Decision Due
The undersigned hereby applies to the Zoning Board of Appeals for the reasons
indicateds
Eli Cohen and
Applicant Names Cecille V. Cohen, Trustees , phone(617) 438-8151
Applicant Address: 84 Roosevelt Road, Medford, MA 02155
Property Location, 35 Louis Street, Hyannis, Massachusetts
This is a request fors
[j Enforcement Action (( AUv
( j Appeal of Administrative Officials Decision d
(j Repetitive Petitions.
(ag Appeal from the Zoning Administrator
(j other General Powers. Please Specify:
Please 'Provide the Following Information (as applicable)s
Eli Cohen and
Property owners Cec ille V. Cohen, Trustees Phone (617) 438-8151
Address• of owners 84 Roosevelt Road, Medford, MA 02155
Zf applloaat differs from owner, state nature of interests
Assessor's Hap/Parcel Number 309/200
Zoning District vs
Oroundwater overlay District AP
WLiC:: sections) of the Zoning ordinance and/or of HGL chapter 40A are you
appealing to the Zoning Board of Appeals? Kass i`-Gen.;_Laws-Ch:.:40A. _.Sec... 6. - -
Barnstable Zoning Ordinance, Sections 4-4.4 and 4-4.5.
_ 2
Existing Leval of Development of the Property of Buildings,
Present Uee(s) s multi-family ( 5 units) , Gross Floor Areas 3,724 - sell .ft.
.1UL—`0-97 WEIR y:54 Alva B r`.RNSTABIF. YLAIIIYII G, 1; T
liaat on or Other powers
Nature i Description of Requests This. is an appeal of the decision of the Building
Commissioner or July.15, 1997 wherein the Building Commissioner found that the present
use of locus as a multi-family dwelling was not permitted as a pre-existing noncon-
forming use and required a variance to continue as such. The applicants contest this
finding and submit that the present multi-family use at locus is grandfathered as a
pre-existing nonconforming use as it complied with the zoning bylaw when commenced and
has continued .unabated and unchanged since.
Attached separate sheet It needed.
2e the property located in an Historic District?
If ORB Use o Yes nl : .
Yee. j) No.44
Plan Review Number -
Date Approved
Is the building a designated Historic Landmark? Yes jj No
Zf yes Historic .Pre0gr7ati ... Da went Use Ong s
Date Approved
Has a building permit been applied for? Yes j] N0
Has the Building Inspector refused a permit?
ire a x(C) No !1
Has the property been before Site Plan Review? (pending) Yea xLk) No j]
For Buil n De artment Use o lys
Not Required - Single Family j)
Site Plan Review Number
Date Approved
Signatures
The following information must be submitted with the application at the
time of .filing, failure to supply this may result in a denial of your
requests
Three (3) copies of the completed application form, each with
original signatures.
Three (3) copies of all attachments as may be required for standing
before the Hoard and for clear understanding of your appeal.
The applicant may submit any additional supporting documents to
assist the Hoard m king its determination.
Ph
' ip reau, E_sg�,_, -At.tarxey =for_ -- -
Signatures Co an Ceci11e:31. Cohen, Tr. Date: August 1, 1997
Applicant or Agents signaturer
Agent.'s Addresss-396 North St. , Hyannis, MA 02601 Phones 775-1085
Fax Ho. 771-0722
o4t�e
: . . _ The Town of Barnstable
• snawsr�.$, ,
KAB&
Department of Health, Safety and Environmental Services .
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen .
Fax: 508-790-6230 Building Commissioner
i
July 15, 1997
i
Philip M. Boudreau
Attorney
396 North Street
Hyannis, MA 02601
Re: •35 Louis Street, Hyannis
Dear Mr. Boudreau:
I received your letter concerning 35 Louis Street, and I respectfully disagree. I believe a
variance is needed after.Site Plan Review approval as indicated in my 1/24/97 letter.
Sincerely,
i
Ralph M. Crossen
Building Commissioner
RMCAbn
i
g970715b
LAW OFFICES OF
PHILIP M. BOUDREAU
396 NORTH STREET
HYANNIS,.MASSACHUSETTS 02601
Telephone:(508)775-1085
Telefax:(508)771-0722
E-MAIL:pmichb@capecod.net
Philip M. Boudreau
Philip Michael Boudreau
Mark H. Boudreau
July 11, 1997
HAND DELIVERED
Ralph Crossen, Building Commissioner
Town of Barnstable
367 Main Street
Hyannis, MA 02601
Re: Eli Cohen et al, Trustees
35 Louis Street
Hyannis, Massachusetts
Dear Mr. Crossen:
As a follow-up to our recent conversations relative to the above-referenced
property, I have researched the past use of the premises, the zoning history and the
relevant law.
Re*_earch at the Assessor's office indicates that the structure on locus was built
approximately seventy-five years ago, well before zoning was enacted, and that it was
completely finished in the interior, including the attic.and basement, by 1971.
It appears clear that locus has been improved and occupied as a five apartment
dwelling in the same physical configuration since at least July of 1980, when William G.
Howes III purchased the property. I enclose a copy of Mr. Howes' Affidavit in this
regard for your reference.
Locus lies within an Urban Business District (UB).
In 1980, the material provisions of the Barnstable Zoning By-law allowed
apartment houses as of right, Zoning By-laws, February 1980. Town of Barnstable.
Ralph Crossen
July 11, 1997
Page 2
Massachusetts, Section K(1)(g) and (9), subject only to restrictions set forth in Section M
of the Bylaw which stated that "(a)partment dwelling structures may hereafter be built
where authorized, but only in accordance with the following requirements:...." (This
latter Section then went on to itemize restrictions relative to the intensity of use, parking
requirements, etc.) A copy of the applicable portions of this Zoning Bylaw is enclosed 1
herewith.
Section M(1) was amended in 1982 to state that (a)partment dwelling structures
may hereafter be built or established in an existing building when authorized..." Section
M(1)(a) was also amended at the end thereof by adding after "in the apartment structure
proposed" the following language: "or the conversion of an existing building into multi-
family use." (The itemized restrictions in Section M were also amended in 1982 by
decreasing the allowed intensity of use.) See Zoning By-laws, February 1983, Town of
Barnstable, Massachusetts, Section M, a copy of which is also enclosed herewith.*
While, it is clear from the applicable provisions of the 1982 By-law that new apartments
could not be established in existing structures after this zoning amendment unless in
compliance with the other provisions of Section M, all of the apartments in question were
established in an existing structure prior thereto. Thus,one must look to the provisions of
the prior By-law to ascertain the legitimacy of the apartments.
As recited above, the applicable Zoning By-law restricted only apartment
dwelling structures thereafter built, which prohibition is clearly distinct from a
prohibition against apartment units established in.existing structures, which were not
restricted at that time. As further support for this distinction,the language in Section
M(l)(a) restricted only "apartment structures proposed" and, only after the 1982
amendment, restricted "conversion of an existing building into multi-family use." In
addition, "dwelling" structures - whether single or multi-family = were defined.in the By-
law at that time as "detached residential buildings," which further distinguishes
apartments which would be established in existing structures from those entirely
independent to-be-built detached structures contemplated for restrictions in the prior
Section M.
Accordingly, it is my opinion that the use of locus for five apartments prior to the
1982 zoning change was clearly an allowed use under the By-law then in effect, which
use later became legally nonconforming when the By-law was amended. Since this use
has continued unabated to the present time, its grandfathered status remains intact.
I
I
Ralph Crossen
July 11, 1997
Page 3.
I trust that upon review of the enclosed that you will concur with the above and
look forward to hearing from you in this regard.
Thank you again for your consideration in*this matter.
Sincerely,
Philip Michael Boudreau
PMB
Enclosures
*1 have researched the history of the 1982 zoning amendment, including minutes
of Planning Board and Town meetings. The amendment was proposed by the Board of
Appeals, which appears to have been concerned mainly with the then existing density
requirements for apartment buildings (ie. 1 unit/2,500 sq. ft. v. 1 unit/5,000 sq. ft.).
Unfortunately, the minutes of the official Planning Board hearing immediately prior to
the Town Meeting are among the missing. However, discussions in all other minutes
dealt with the reduced intensity of use provisions of the proposed amendment and no
mention is made on the record of the additional language relative to establishment of
apartments in existing structures.
C:\OFFICE\WPWIN\WPDOCS\LET\LETECI.DOC
• A F F I D A V I T
I, WILLIAM G. HOWES III , hereby state as follows :
1) I was the owner of property at 35 Louis Street, Hyannis , MA..
continuously from July, 1980 to December, 1995 .
2) I have been an attorney in Hyannis since 1972 and am famil-
iar with the zoning by-laws of the Town of Barnstable .
3) I was chairman of the Barnstable Planning Board in the 1970 ' s
and was well aware of all of the zoning by-laws . In .fact, I
drafted many of them and presented them to Town Meeting for
approval .
4) Prior to my purchase of 35 Louis Street in 1980 , - 1 examined the
zoning by-laws and met with the Building Inspector - .Joseph
DaLuz and John Kelley of the. Board of Health, and was informed
that the use and occupancy of' the building for five (5) units
was legal. I was told that if. the building did not meet. any
current requirements , it is still valid as a legal non-conforming
use - since it existed before any of the new requirements were
imposed.
5) On April 25 , 1994 , I met with then acting. Building Inspector Al
"Buddy" Martin. . I informed him that I was thinking of selling
my ouis Street apartment building and wanted to make sure I
wouldn ' t have any problems with zoning. Mr. Martin told me that
the building was old and was therefore a legal non-conforming
use. He said it was grandfathered and did not have to meet
current requirements .
6) There were no changes to the building during the period of my
ownership - i .e. the use and occupancy. is the same as when I
bought it in 1980 i .e . five (5) units .
7) I am. informed, and to the best of my knowledge and belief, there
is not now and never has been any licensing or inspection re-
quired for apartment units in the Town of Barnstable .
8) I have had tenants on dousing and the property has been inspected
and approved by the Barnstable Housing Authority for code require-
ments and by the Barnstable Board of Health.
9 ) During the .fifteen (15) year period of my ownership, I never
received any complaint or notice of any violation from the Town
of Barnstable or anyone else . In fact, I checked with the Town
continued . . .
and various deparmtnets to make sure everything was legal .
Every department - building inspector - Board of Health and
Housing Authority - told me that the property was in cor..ziiance .
10) . I have .obtained the following information from Robert Who "ty ,
the Director of ASsessing for the Town of Barnstable . The As-
sessors records show that a) a five-family structure is on
the property - b) the house had a finished basement in 1971 -
c) the house was remodelled in 1969 and showed two rooms in
the attic .- d) during the 1980 ' s the property was assessed
at $275 , 000 . 0.0 and Mr. Whitty _assumes it was five family then
in order to justify that value .
11) The property is located in an Urban Business zone , which allows
apartments as a matter of right. The apartment zoning b_.•-law
in effect in the 1970 ' s , Sec. M - stated "Apartment dwel__ng
structures may hereafter be built where authorized, but Cnly
in accordance with the following equirements , " and then -.. ent
on to specify lot coverage, setbacks , parking, etc . No that
our structure was built in the 19201s .
In 1982 , after we know all five units existed , Sec . M waE amended
to read "Apartment dwelling structures may hereafter be '-•silt
or established in an existing building when authorized c-.__v in
accordance with the following requirements " .
Therefore, prior to 1982 , the zoning by-law did not proh_oit
establishing apartments in an existing building, and the-.-..did
not have to meet "the following requirements " . Prior to 1982 ,
the..apartment by-law only applied to new structures and exist-
ing structures were grandfathered . from those requirements .
The five units at 35 Louis Street all existed prior to 1992 .
The assessors records show that the basement and attic we-re
finished before 1971 . The structure was a pre-existing , non-
conforming. use and therefore did not have to meet the se=oack,
parking and other requirements of Sec . M.
Paragraph g. of Sec. M (both the April 2 , 1975 and Febr-,ary,.
1983 zoning bylaws) states that no living units will be allowed
to be constructed or used below ground level . This was =_rst
adopted on August 3 , 1972 . The assessors records show teat the
basement was finished in 1971 . The basement area was cc-:structed
and used prior to 1972 and is therefore grandfathered also .
The above information is true to the best of my knowledce and
belief. Signed under the pains and penalties of perjur_.- , this
fourteenth day of April , 1997 .
---r--
William G . Howes III
it - 2 -
(c) In all zoning districts, community institutions (such "thirty-five thousand (35,000) square feet" and substitute in
as churches, schools, hospitals) may identify themselves "Section 3. Front Yards" in the place of the words "one hundred
by signs erected on their premises. Each such sign twenty-five (125) feet" the words "one hundred sixty (160.) feet"
shall not exceed twenty-four (24) square feet gross area. and substitute in "Section 4" in place of the words "fifteen
Such signs' may be indirectly lighted by a hooded (15) feet" the words "twenty-five (25) feet".
source, but shall not be constructed of gaseous dis- This district added by 1963 August Sp 1, approved by the
charge (neon) tubing nor shall any such sign make use Atty. Gen. October 2, 1963. .
of blinking or intermittent lights or any other animation. Y. SERVICE AND DISTRIBUTION DISTRICTS
The top of each such sign shall not be higher than ten 1. Use—Warehousing and distribution facilities, also servicinla,
(10) feet above the average ground level where located. storing, processing in transit, facilities for service type trades,
4. NON-CONFORMING SIGNS. including shops and storage yards, together with the offices of
(a) Any lawful sign existing at the time this amendment to all such enterprises, their garages and other related facilities.
the .Town By-Laws is adopted may be continued, 2. Size of lots—In service and distribution districts no building
although such sign does not conform to the provisions or structure shall hereafter be erected except on a lot containing
hereof, for a period of five (5) years. not less than one (1) acre area, and having not less than one
(b) At the termination of the above stated time all non- hundred sixty (160) foot lot width.
conforming signs shall be made to conform, or shall be 3. Yards—On each service and distribution lot there shall be
removed: a front yard not less than sixty (60) foot depth, a side yard at
5. SIGN PERMITS. each lot side line not less than twenty-five (25) foot depth, and
(a) No person shall erect, alter, or substantially repair any a rear yard not less than forty (40) foot depth.
sign, signboard, or sign support without having first 4. Building and structures in service and distribution districts
obtained a permit for the same. shall not Cover more than twenty-five (25%) per centum of the
(b) Permits shall be issued by the Building inspector, area of any service and distribution lot.
who may request information in the form of drawings, 5. All outdoor storage areas other than automobile parking or
specifications, details, or photographs as necessary truck parking and loading areas, shall be screened from view
before issuing a permit. from the street by durable, neat opaque fencing or walls that.
(c) A permit shall become void if the sign for which it shall harmonize with the architecture of the buildings.
has been issued:Is not erected within ninety.(90) days This district added by 1964 An 73, approved by the Atty.
from the date of.issuance. Gen.. April 8, 1964.
6. VIOLATION AND PENALTY: Z. APARTMENTS
Any sign hereafter erected and not complying with applicable. Apartment dwelling structures may hereafter be built where
provisions above, is in violation of the provisions and shall be authorized, but only in accordance with the following require-
enforced under the provisions of Section Q5. ments•
This section added by 1962 An 56, approved by the Atty.
A: The gross land area of the lot or group of contiguous lots
Gen. 11iay 31, 1962.
. on which an apartment structure is permitted shall be not less
Paragraphs 4 & 5 inserted by 1963 August Sp 2, the then
than the product of two thousand five hundred (2500) square
paragraph 4 became paragraph 6. Approved by the Atty.
Gen. October 2, 1963. feet per apartment dwelling unit times the number of such
units in the apartment structure proposed.
S. REStDLNCE C-2 DISTRICTS. B. Apartment buildings shall not cover more than twenty-five
All provisions of Residence C-1 Districts shall be applicable per cent (25%) of the gross land area of the lot or combination
except that there shall be substituted in "Section 2, Size of Lots" of lots.
—in place of the words "one hundred twenty-five (125) feet" C. No apartment structure shall be higher than two and one-
the words "one.hundred sixty (160) feet and in the place of half (2v2) stories or thirty-five (35) feet.
the words "fifteen thousand (15,000) square feet" the words D. No apartments shall be erected nearer to the street line
Page 20 Page 21
than two (2) times the distance from the ground grade to the cretion of the owner. Wherever such Village Marine. Business
top of the plate. Rear and side setbacks shall be not less than District property abuts property residentially zoned, the side
the distance from the ground grade to the top of the plate. yard set=back shall be not less than 30 feet. Wherever the
E. An unbroken yard space not less than ten (10) feet depth property line abutsAidal water, the above:side line and/or rear
shall be established all along the entire perimeter of the lot or line requirements shall not apply to that abutting property line
group of lots on which is located an apartment structure. Such and the building line may be extended to mean high water.
yard space shall be planted and maintained. In such yard space, This district added by 1965 September Sp 2,: approved by
there shall be no off-street parking nor driveway(s) except a the Atty. Gen. September 29, 1965.
driveway crossing that part of such yard space as is bordered
by a street. BB. VILLAGE BUSINESS DISTRICTS
F. Paved off-street automobile parking spaces shall be pro- 1. Uses—No building shall be.erected or altered and no build-
vided on the lot or group of lots containing an apartment strut- ing or premises shall be used for any use but one. or more:of
ture and each such space shall be easily accessible from a
paved driveway on the property. There shall be not less than the following: residence, retail store, professional or business .
offices, bank, personal service store or shop. Other 'uses per-
one (1) such space per apartment dwelling unit on the property. '
Each such space shall be not less than two hundred (200) square matted Business,Districts (but specifically excluding motels
- and hotels) may be. authorized by a Special Permit granted
feet paved area, exclusive of driveway.
by the Board
This section added by 1965 An 95, approved by the Atty, s Appeals.
March 25, 1965. 2. Size of Lots-No buildings shall hereafter be erected in a
Gen. Mar VILLAGE MARINE BUSINESS DISTRICT Village Business District except on a lot or group of con-
AA. BARNS TABLE 25 .
1. Uses—No building shall be erected or altered and no build- t
ing or premises shall be used for any purpose but one or more thousand (10,000) square feet land area and having in the
lots containing to the aggregate not less than ten
following. aggregate not less than' one hundred (100) feet lot width,
of theats.The building, sale, rental, storage and repair of bo except that buildings may be erected on any lot which at
( the time this by-law was adopted was separately o wned, the
'
(b) The retail sale of marine, fishing and boating supplies,
.
owner thereof not owning adjacent land or which complies
fishing bait, fish and shellfish.
(c) The operation of a commercial fishing business, which with applicable provisions of General Laws; Chapter 40A:
shall not include the commercial canning or processing of (a) In West Barnstable Village Business District, no build-
fish. ing shall be erected on a lot having less than one hundred
(d) Provided the Board of Appeals authorizes a special sixty (160) feet frontage and containing not less than
permit therefore, a restaurant may be operated. thirty-five thousand (35,000) square feet.
2. Size of Lots—No Building shall hereafter be erected in Paragraph (a) added by 1967 An 49, approved by the Atty.
Barnstable Village Marine Business District except on a lot Gen. April 27, 1967.
or a group of contiguous lots containing in the aggregate not 3. Yards—Except as provided otherwise hereunder, no build-
less than 7500 square feet land area and having in the aggregate ing shall be placed nearer the street property line than ten (10)
not less than 75 feet lot width, except that buildings may be feet, nor nearer the property rear line than twenty (20) feet.
erected on any lot which at the time this by-law was adopted The building shall be placed on .the lot so that there is a
was separately owned, the owner thereof not owning any minimum total side yard of thirty (30) feet which may be
provisions ofdiscretion of the owner but in no case less than
adjacent land, or which complies with applicable pr divided at the ,
General Laws, Chapter 40A. ten 00) feet on any side._ Wherever such Village Business
S. Yards—Except as othetv.Ise provided hereunder, no building zoned property abuts property residentially zoned, the yard
shall be erected and no accessory use shall be placed nearer the space shall be not less than twenty (20). feet wide along the
street than 10 feet, nor nearer the property rear line than 30 abutting boundary.
feet. The building shall be placed on the lot so that there is a This paragraph added by 19GG An 33, approved,by the Atty.
total side yard. of 30 feet which may be divided at the dis- Gen. June 6, 1966.
Page 22 i'aKc 2
spaces for'each ten (10) motel and/or hotel units or fraction
for the above uses shall require adequate off-street parking thereof.
be provided. (e) For each lot upon which a- motel and/or hotel is
2. Size of Lots—No building, except one-story .buildings of erected, there shall be provided a front yard or set-back
accessory use, shall be erected on a lot le;s than 125 feet distance of not less than thirty (30) feet. The building shall
frontage and containing not less than twenty thousand (20,000) be placed on the lot so there is a minimum total side yard
square feet, provided that one (1) one-family dwelling and its of thirty (30) feet which may be divided at the discreation
accessory buildings may be erected on any lot which at the of the owner, but in no case less than ten (10) feet on any
time this by-law was adopted, was separately owned, the one side, and a rear yard of not less than twenty (20)
owner thereof not owning adjacent land or which complies feet. No other uses are permitted in these yard areas ex-
with applicable provWons of General Laws,Chapter 40A. cept that of a driveway in the front yard. All yard areas
3. Front Yards—No, building shall be erected within fifty (50) shall be appropriately landscaped and adequately main-
feet-from the center line of the road or thirty (30) feet from tained.
the side line of the road, whichever is larger, provided that no (f) A site plan for each proposed motel and/or hotel or
building need be set back more than the average setbacks,of addition thereto, shall be submitted to the Building In-
the buildings on the-lots next thereto on either side, a vacant Spector with the request for a building permit. Said site
lot 125 feet .or more in width or a lot occupied by a building plan shall show, among other things, all existing and pro-
set back more than fifty (50) feet from the center line or posed buildings, structures, parking spaces, driveway
thirty (30) feet from the side line being counted as though openings, driveways, service areas, and other open uses,
occupied by a building set back fifty (50) feet: all facilities for water drainage, and all landscape features
4. No building to be erected closer than fifteen 115) feet from (such as fences, walls, planting areas and walks) on the lot.
side lines or rear. lines. This section added by 1966 An 41, approved by the Atty.
This district added by 1966 An 35, appioved by the Atty. Gen. June 6, 1966.
The words "and/or hotels" added by 1967 An 53, approved
Gen. June 6, 1966.
Revised by 1967 An 52, approved by the Atty. Gen. April by the Atty. Gen. April 27, 1967.
2:, 1967. HH - URBAN BUSINESS DISTRICT
5 1. Use - Urban Business District uses shall be those of the
GG. MOTELS AND/OR HOTELS Business district, but subject to the landscape, yard space .
_ 1. Motels. and/or hotels wherever permitted under the Zoning and building coverage set forth below.
by-laws may be built only is accordance with the following 2. Landscape - On. each Urban Business District lot there
:. requirements: shall be a green strip ten (10) feet in width along each side
(a) For each lot upon which a motel and/or hotel is to be of such lot wherever it abuts an .existing roadway side line
erected, there shad be a minimum frontage of one hundred ' on which grass, bushes, flowers, trees, or a combination
twenty-five (125) feet and a minimum of twenty-five hundred thereof shall be maintained. No building shall be erected
(2500) square feet of lot area for each of. the first ten (10) on such strip; nor shall it be used for parking nor paved.
motel and/or hotel units. For each motel and/or hotel unit except for properly authorized exits and entrances. .
in excess often (10) motel and/or hotel units, there shall be 3. Yards - On each Urban Business District lot there shall
provided two hundred fifty (250) square feet of_lot area. be a front yard of not less than twenty (20) feet depth from
(b) No motel and/or hotel or addition to a motel and/or the property line, except when a front yard abuts a resi-
hotel shall be erected or placed.on a lot which will result in dentially zoned area.where.the front yard setback shall be
the covering by all buildings of more than thirty (30) percent fifty feet.
of the gross land area of this lot or combination-of lots.. 4. Buildings in Urban Business .Districts shall not cover
more than thirty five per cent of the area of any Urban
(c) The maximum height of .any motel and/or hotel shall-
Business lot..
be not more than two (2) stories or thirty (30) feet. This district added by 1967 An 42, approved by the Ally.
(d) In addition to one off-street parking space for each. Gen. April 27, 1967-
motel and/or hotel unit, there shall be two (2) additional
Page 27
P;we 26
with the intent and purpose of the Subdivision Control Law waive strict e. Place of business of baker, barber, blacksmith, builder,
compliance with.said frontage to a minimum of twenty (20) feet. carpenter, caterer, clothes cleaner or presser, confectioner, contractor,cor,
Paragraph E added 1979 An 1,approved by the Atty.Gen. Feb.26, 1980. decorator, dressmaker, dyer, electrician, florist, furrier, hairdresser,
hand laundry, manicurist, mason, milliner, newsdealer, optician,
APPENDIX A • painter, paper hanger, photographer, plumber, printer, publisher,
Front Yard side Rear roofer, shoemaker, shoe repairer, shoe shiner, tailor, tinsmith,
Area In Frontage Width Setback Yard Yard
sq.Ft. In feet in feet In feet In feet in feet telephone exchange, telegraph office, undertaker, upholsterer,
RESIDENCE B 10,000 100 20 10 10 wheelwright.
RESIDENCE B-1 10,000 100 20 10 10 f. Gasoline and oil filling3tat Qns,;ind garages.
RESIDENCE C 15,000 100 20 10 10 - g. Apartment houses, subject to Section M.
RESIDENCE C-1 15,000 125 30 15 15 h. Hotel or motel, subject to Section N.
RESIDENCE C-2 15,000 100 20 .10 10 i. The above listed types of business uses are not intended to be
RESIDENCE D 20,000 125 30 15 15 all inclusive and any other ordinary business use of a similar nature
RESIDENCE D-1 20,000 125 30 10 10 may be carried on in a Business District.
RESIDENCE F 43,560 150 30 15 15 2. Business District A.
RESIDENCE F-1 43,560 125 130 15 15 a. The same uses as permitted in the Business District, except
RESIDENCE F-2 .43,560 150 30 15 15 that hotels and motels are excluded.
RESIDENCE G 65,000 200 30 15 15 Prior subparagraph 3 deleted by 1973 An 151,and remaining paragraphs renumbered In proper se-
Residence B-1 area added by An. 1977 25,approved by the Atty.Gen.Jan. 12, 1978. quence,approved by the Atty.Gen.June 15, 1973.
Residence F-2 added by 1977 An 36,approved by Atty.Gen.Jan. 12,1978. 3. Business Limited District B.
Residence A and Residence Al deleted by 1973 An 140,.approved by the Atty.Gen.June 15,1973. a. Motel, hotel or lodging house.
Appendix A amended by adding the words"Front Yard"and be deleting ngures shown as"SO(30("
and Inserting therein the ngure"30"1974 An 145,approved by the Atty.Gen.July 16, 1974. b. Building, sale, rental, storage and repair of boats.
Residence C-2 added by 1974,July 30,Sp. 12,approved by the Atty.Gen.September S. 1974. e. . Retail sale of marine fishing and boating supplies.
Residence G added by 1979 An 7,approved by the Atty. Gen.June 26, 1979.R idence D-2, Residence D• d. Retail sale of fishing bait, fish and shellfish.
es3, Residence E, Residence E-1 deleted 1979 An 9,approved by Atty.
Gen. Feb. 26, 1980. e. Operation of.a commercial fishing business excluding can-
Front yard setback distances shown above mean from sideline of ning or processing of fish.
the street. Where a lot abuts on one or more than one street, front yard f. Restaurants.
setback shall be applicable from all streets. g. Retail stores.
Prior paragraph deleted and new paragraph Inserted by 1970 An 146,approved by the Atty.Gen.July h. Operation of charter fishing and marine sightseeing and ex-
cursion facilities.
K. USE REGULATIONS — NON-RESIDENCE DISTRICTS a. & f. required to connect to the Town sewer system and subject
A. No building shall be erected or altered, and no building or to Special Permit under Section P.
premises shall be used, for any purpose in the following specified Prior paragraph deleted and new paragraph added by 1978 Fall An 16,approved by Atty.Gen.Feb.6,
.districts other than provided in this section. The maximum height of 1979.
any building shall be not more than two (2) stories, or thirty (30) feet 4. Business Limited District C.
from ground level to the plate, whichever is lesser, except that in a Pro- a. .Professional or home occupation use. See Section I for
fessional Residential District hospitals are. excluded from this height definition.
limitation. b. Small retail businesses common to a residence district. .
Paragraph A. amended by 1974 An 108,approved by the Atty.Gen.July 16, 1974 by adding,-The c. Detached one family dwelling.
maximum height...from this height Bmltatloa." Sub-paragraph(c)added by 1970 An 108,approved by the Atty. Gen.June 19, 100.
1. Business District. S. Marine Business District A.
a. Wholesale or retail stores or salesrooms. a. Building, sale, rental, storage and repair of boats.
b. Retail trade service or shop, b. Retail sale of marine fishing and boating supplies. .
c. Offices and banks. 6. Marine Business District B.
d. Restaurants and other food establishments. a. Building, sale, rental, storage and.repair of boats.
b. Retail sale of marine fishing and boating supplies.
Page 12 Pavc 1:1
C180 "00
c. Retail sale of fishing bait, fish and shellfish. L. INTENSIT.Y REGULATIONS — NON-RESIDENTIAL
d. Operation of a commercial fishing business excluding com- DISTRICTS .
mercial canning or processing of fish. A. Any building hereafter erected in any Non-Residential District
7. Village Business Districts A & B. shall comply with the minimum requirements for size of lot,.width, seta
a. Detached one family dwelling. back, side and rear yard requirements set forth in the following table:
Prior sub-paragraph (a)deleted and the words "Detached one family dwelling"inserted therein by 1973 An 141,approved by the Arty.Gen.June 15, 1973. t (Appendix B), and seventy (70) percent of the required zoning area of.
b. Retail store, professional or business offices,bank, personal each lot shall be contiguous upland.
Paragraph A.amended by 1977 An 27,approved by Atty.Gen:Jan.12,1978,"and,seventy(70)per-
service store or shop. cent of the required zoning area of each lot shall be contiguous upland"added.
8. Highway Business District. B. In an Urban Business District or in a Highway Business District, .
a. Same uses specified in a Business District. each lot shall have a green strip .ten (10) feet in width along each side
9. Urban Business District. abutting on an existing roadway, on which grass, bushes, flowers, trees
a. Same uses specified in a Business District. Except that in or a combination thereof, shall be maintained.
Osterville Urban Business District, Hotels and Motels are excluded. Paragraph(C)deleted by 1972 An 123,approved by the Atty.Gen. Aug.3, 1972.
10. Industrial District. D. In a Business Limited C District the use shall retain the essential
a. Same uses specified in a Business District. residential character of the contiguous residential district, including
b. Lumber, fuel, feed and ice establishments. minimum lot size and setback requirements.
c. Contractors yards. E. In a Village Business B District', each lot shall have a:green strip .
d. Manufacturing and industrial uses. fifteen (15) feet in width on each side, and along each side abutting an
e. Same uses specified in a Service and Distribution District. existing roadway, on which, grass, bushes, flowers, trees, or a com-
Sub-paragraph(e)added by 1973 An 135,approved by the Any.Gen:lane 1S, 1973. bination thereof shall be maintained. Where the lot abuts a residential-
11. Service and Distribution. ly zoned area, screening consisting of compact evergreen hedge or
a. Warehousing and distribution facilities. equivalent obscuring natural vegetation of not less than (3) feet in
b. Servicing, storing and processing of goods in transit. height at the time of original planting shall be provided and maintained
c. Facilities for service type trades, including shops and in good condition and no advertising shall be laced thereon.
g g P
Storage yards. Paragraph E added by 1974 An 105,approved by the Atty.Gen.July 16, 1974.
d. Offices, garages and related facilities for all such enter- F. In a non-residence district all construction shall be set back a
prises. minimum of 50 feet from mean high water mark on any Great Pond.
e. Retail store, professional or business offices, bank, personal Paragraph F added by 1979 Fail An 14,approved by Atty.Gen. Feb.6, 1979,
service stores or shops; by special permit, full service restaurants and F APPENDIX B — INTENSITY REGULATION
delicatessens may be permitted. 5 'E
Sub-paragraph(e)added by 9974 An 127,approved by the Atty.Gen.July 16, 1974. 1m- 5 4. r w m >-y `d �'
�.. > E�°
12. Profesional Residential District. c tT o e e a m
to a H a•5 U.cm 5 LI)3 ; %S i
a. Detached one or two family dwellings. BUSINESS N/A N/A N/A 200) N/A N/A N/A
b. Apartments- Subject to provisions of Section M and subject BUSINESS A N/A N/A N/A 10 N/A N/A N/A
to the modification allowed b Section P. Business Limited A deleted by 1973 An 152,approved by the Arty.Gen.Jam15, 1973.
y BUSINESS LIMITED B 7,500 75 — 20 71A 71/1 —
c. Renting of rooms to not more than ten persons by a family BUSINESS LIMITED C 20.000 125 — 30 15 is —
resident in the dwelling. MARINE BUSINESS A — — — — — — —
d. Professional Offices. MARINE BUSINESS B 7.500 75 — 10 30(2) 30 —
HIGHWAY BUSINESS 40,000 160 — 60 30(2) 20 30%
e. Nursing Homes and Rest Homes. VILLAGE BUSINESS A 10,000 100 — 10 30(2) 20 —
f. Medical and Dental clinic, pharmaceutical and therapeutic VILLAGE BUSINESS B 43.560 160 40 30 30 25%
Prior specified regulations for a Village Business District B deleted and the above regulations Inserted
USCS. therein by 1974 An 104,approved by the Arty.Gen.July 16, 1974.
g. Hospitals - (non-veterinarian). URBAN BUSINESS — — — 20(3) —(3) - 0) 35%
This district added by 1970 An 105,approved by the Atty.Gen.June 19, 1970. SERVICE&DISTRIBUTION 43.560 160 — 60 25 40 25%
Sob-paragraph(b-Apartments)amended by adding"and subject to the modification allowed by Sec- INDUSTRIAL 90,000 200 — 60 30 30 25%
tion P"An 127,approved by the Airy.Gen.Jane 22, 1971. Prior specified regulations for an Industrial District deleted and the above regulations Inserted therein
by 1973 An 136;approved by the Atty.Gen.June 15, 1973. •y
PROFESSIONAL RESIDENTIAL 7,500 — 75 20 716 71/, 251.
Professional residential added by 1970 An 105, approved by the Atty.Gen.June.19, )970.'
1. Front Yard Setback in Business District along Route 132 shall two hundred (200) square feet paved area, exclusive of driveway. Each
be 50'. parking space shall be located not less than fifteen (15) feet from the
2. Side Yard shall be a minimum total of 30', which may be divided base of the building.
at the discretion of the owner, but in no case less than Won any one Sub-paragraph(f)amended by 1972 An 121,approved by the Atty.Gen.Aug.3,1972.
side, except where it abuts a Residence District, Side Yard must be 20'. g. No living units will be allowed to be constructed or used
3. Set Back where lot abuts a residentially zoned area shall be 50', below ground level.
4. .long Route 28 (Falmouth Road) in Precinct 3, where the lot Sub-paragraph(g)added by 1972 An 119,approved by the Atty.Gen.Aug.3, 1972.
abuts a residentially zoned area, the 50 foot setback shall include a 25 N. SPECIAL REGULATIONS — MOTELS AND/OR HOTELS
foot crccn belt. 1. Motels and/or hotels wherever permitted under the zoning by-
Sub-paragraph (4)added by 1973 An 155,approved by the Atty. Gen.June 15, 1973. laws may be built only in accordance with the following requirements:
5. Front yard set back distances shown above mean from sideline of a. For each lot upon which a motel and/or hotel is to be
the street. Where a lot abuts on one or more than one street front yard erected. there shall be a minimum frontage of one hundred hventy-five
setback shall be applicable from all streets. (125) feet and a minimum of twenty-five hundred (2500) square feet of
Paragraph 5 added by 1974 An.147, approved by the Atty. Gen.July 16. 1974. lot area for each of the first ten (10) motel and/or hotel units. For each
N1. SPECIAL REGULATIONS — APARTMENTS hotel and/or hotel unit in excess of ten (10) motel and/or hotel units.
1. Apartment dwelling structures may hereafter be built where there shall be provided two hundred fifty (250) square feet of lot area.
authorized. but only.in accordance with the following requirements: b. No motel and/or hotel or addition to a motel and/or hotel
a. The gross land area of the lot.or group of contiguous lots on shall be erected or placed on a lot which will result in the covering by all
which an apartment structure is permitted shall be not less than the buildings of more than thirty(30) percent of the gross land area of this
product of two thousand five hundred(2500) square feet per apartment lot or combination of lots.
dwelling unit times the number of such units in the apartment structure c. The maximum height of any motel and/or hotel shall be not
proposed. more than two (2) stories or thirty (30) feet from ground level to the
-- b. Apartment buildings shall not cover more than twenty-five plate whichever is lesser.
percent (25%) of the gross land area of the lot or eombination.of lots. The wards"from ground level to the plate whichever Is lesser"added by 1974 An 107,approved by the
c. No apartment structure shall be higher than three(3)stories' Arty.Gen.July 16, 1974.
'and the height shall be limited to thirty-five(35)feet from ground level d. In addition to one off-street parking space for each motel
`to the plate. and/or hotel unit, there shall be two (2) additional spaces for each ten
`Prior sub-paragraph(c)deleted and new Sub-paragrapb(cf inserted by 1972 An 120,approved by the (10) motel and/or hotel units or fraction thereof.
.,Atty.Gen. Aug. 3, 1972. e. For each lot upon which a motel and'/or hotel is erected,
d. No apartments shall be erected nearer to any street line than there shall be provided a front yard or setback distance of not less than
_two(2)times the distance from the ground grade to the top of the plate. thirty (30) feet. The building shall be placed on the lot so there is a
Rear and side setbacks shall be not less than the distance. from the minimum total side yard of thirty(30)feet which may be divided at the
ground grade to the top of the plate. discretion of the owner, but in no case less than ten(10)feet on any one
,.The word"the"changed to"any"In Sub-paragraph(d)by 1970 An 107,approved by the Atty.Gen. Side, and a rear yard of not less than twenty(20)feet.No other uses are
June 19, 1970. - - permitted-in these yard areas except that of a driveway in the front
e. An unbroken yard space not less than ten (10) feet depth yard. All and areas shall be appropriately landsca ed and adequately
shall be established all along the entire perimeter of the lot or group of y y p q y
lots on which is located an apartment structure. Such yard space shall maintained.
be planted and maintained. In such yard space, there shall be no off-
thereto, ..A site plan for each proposed motel and/or hotel or addition .
street parking nor driveway(s) except a driveway crossing that part of thereto, shall be submitted to the Building.Inspector with the request
such yard space as is bordered by a street. for a building permit. Said site plan shall show, among other things,.all
f. Paved off-street automobile parking spaces shall be provided existing and proposed buildings; structures, parking spaces, driveway
on the lot or group of lots containing an apartment structure and each openings, driveways, service areas, and other open uses, all facilities for
•such space shall be easily accessible from a paved driveway on the pro- water drainage, all landscape features (such as fences,.walls, planting
perty. There shall be not less than one (1) such space per apartment areas and walks) on the lot.
-dwelling-unit on the property.-Each such-space-shall-be not-less than- -- - -O.-.FLO-OD-AREA-P--ROVISIONS -- - -A. Permits for new construction, alteration of structures, or. other
APPENDIX B — INTENSITY REGULATION B. Apartment buildings shall not cover more than twenty
percent (20%) of the gross land area of the lot or combination of lots.
C. No apartment structure shall be higher than three (3)
stories and the height shall be limited to thirty-five (35).feet from
ground level to the top of the plate:
4 s _ E's D. No apartments shall be erected nearer to any street line
r - ' E than three (3) times the distance from the ground grade to the top of
e tr ' E Q r " ' the late, or minimum of fifty(50)feet..Rear and side setbacks shall be
° yJI oeJ, f3 p
BUSINESS N/A N/A 20 zo(u N/A tN/A N/A not less than the distance from the ground grade to the top of the plate.BUSINESS A N/A N/A 20 20 N/A N/A 35^r E. An unbroken yard space not less than twenty (20) feet in
Recission of old Business A category,new Business A category Inserted by Jan.21.1982 Sp. 14.Ap• depth shall be established all along the entire.perimeter of the lot or
proved by Atty.Gen. May 20. 1982.
BUSINESS LIMITED B 7.500 75 20 20 71h 7Va — group.of lots on which the apartment structure is located. Such yard
BUSINESS LIMITED C 20.000 125 20 30 Is is — space shall be planted and maintained as green area. In such yard
MARINE BUSINESS A — — 20 space, there shall be no off-street parking nor driveway(s) except a
MARINE BUSINESS B 7.500 75 20 10 30(2) 30 — p
HIGHWAY BUSINESS 40.000 160 20 60 30(2) 20 30% driveway crossing that part of such yard space as is bordered by a
VILLAGE BUSINESS A 10.000 100 20 10 30(2) 20 — street.
VILLAGE BUSINESS B 43.560 — 160 40 30 30 25%
Prior specined regulations for a Village Business District B deleted and the above regulations Inserted F. Off-street automobile parking spaces shall be provided .
therein by 1974 An 104,approved by the Atty.Gen.July 16, 1974. on the lot or group of lots containing an apartment structure and each
URBAN BUSINESS — — 20 20(3) —(3) —(3) 35% such space shall be easily accessible from a driveway,on the property.
SERVICE S DISTRIBUTION 43.560 160 20 60 25 40 25%
INDUSTRIAL 90..000 200 20 60 30 30 25% There shall be not less than one and a half (11/2) parking spaces per
Prior specified regulations for an Industrial District deleted and the above regulations Inserted therein apartment dwelling unit on the property. Each such space shall be not
by 1973 An 136.approved by the Atty.Gen.June 15, 1973. less than two hundred (200) square feet in area, exclusive of the
PROFESSIONAL RESIDENTIAL 7.500 — 75 20 71h 71/2 25%
Professional residential added by 1970 An 105,approved by the Atty.Gen.June 19, 1970. driveway(s). Each parking space shall be located not less than thirty
Frontage in feet"20"added by Jan.21, 1982 Sp.4,approved by Atty.Gen.May 20, 1982. (30) feet from the base of the building.
1. Front Yard Setback in Business District along Route 132 shall G. No living units will be allowed to be constructed or used
elow ro nd
be 50'.
2. Side Yard shall be a minimum total of 30', which may be divid-
ed Reels20n1982 d section M,new Section M Inserted by Jan.21,1982,Sp.16.Approved by Atty.Gen.
at the discretion of the owner, but in no case less than 10' on any N. SPECIAL REGULATIONS — MOTELS AND/OR HOTELS
one side, except where it abuts a Residence District, Side Yard must b.e 1. Motels and/or hotels wherever permitted under the zoning by-
20'.
3. Set Back where lot abuts a residentially zoned area shall be 50' � laws may be built only in accordance with the following requirements:
4. Along Route 28 (Falmouth Road) in Precinct 3, where the lot a. For each lot upon which a motel and/or hotel is to be
erected
abuts a residentially zoned area,the 50 foot setback shall include a 25 , there shall be a minimum frontage of one hundred twenty-five
(125) feet and a minimum of twenty five hundred (2500) square feet of
foot green belt.Sub-paragraph IJ)added by 1973 An 155,approved by the Atty.Gen.Iona 15, 1973. lot area for each of the first ten (10) motel and/or hotel units. For each
5. Front yard set back distances shown above mean from sideline of motel and/or hotel unit in excess of ten (10) motel and/or hotel units,
the street. Where a lot abuts on one or more than one street front yard there shall be provided two hundred fifty (250) square feet of lot area.
setback shall be applicable from all streets. b. No motel and/or hotel or addition to a motel and/or hotel
Paragraph 5 added by 1974 An 147,approved by the Atty.Gen.July 16, 1974. shall be erected or placed on a lot which will result in the covering by all
M. SPECIAL REGULATIONS — APARTMENTS buildings of more than thirty(30)percent of the gross land area of this
I. Apartment dwelling structures may hereafter be built r lot or combination of lots.
established in an existing building when authorized only in accordance c. The maximum height of any motel and/or hotel shall be not
"It�llowing requirements: more than two (2) stories or thirty (30) feet from ground level to the
A. The gross land area of the lot or group of contiguous lots plate whichever is lesser.
on which an apartment structure is permitted shall be not less than the The words"from ground level to the plate whichever is lesser"added by 1974 An 107,approved by the
All Gen.July 16,
product of five thousand (5,000) square feet per apartment dwelling y• d. In addition
uni times the number of such units in the apartment structure propos- ition to one off-street parking space for each motel
t
and/or hotel unit, there shall be two (2) additional spaces for each ten
ed iir the conversion of an existing building into mu tf- am1 y use.
Pagc 17
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