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TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map l / Parcel 0� Permit# }
Health Division` �✓" %Z 7� � � Date Issued 12
Conservation Division r �9 / 7-1z 7 OG . Fee moo?
Tax Collector �'°" i a 7 00
Treasurer Ll
�� `TAIN A FEWER
Planning Dept. OONNECTION PERMIT FROM TUP,
.PUNGINEERING DIV210I1 PIUOR TO
Date Definitive �I pproved by Planning Boardrruitl
Historic-OKH Preservation/Hyannis -.
Project Street Address c 6
_Sbb b kU C)
Village Gt,(i'La� by, �TCe-y oP 'e
-Owner i! r ruo A. , (,�'l L(_flC Address �S
Telephone Z
Permit Request A Mf IUD��� � �l��l l_E�I li�C7 � - '�GT � `-t L1'o)� q `-b (/ t�1 ude-
LAN h6 N o T
Square feet: 1st floor: existing a u proposed 2nd floor: existing proposed Total new
B Valuation 010,00 Zoning District Flood Plain Groundwater Overlay
Construction Type
Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation.
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 a Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full: existing new Half: existing new
Number of Bedrooms: existing new
Total Room Count(not including baths):existing new f First Floor Room Count
Heat Type and Fuel: arGas ❑Oil ❑ Electric ❑Other
Central Air: N-Yes ❑No Fireplaces: Existing New I Existing wood/coal stove: ❑Yes i No
Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes [*No If yes,site plan review#
Current Use Proposed Use t
S )"-t —74 BUILDER INFORMATION [CO)
Name G� Telephone Number
-
Address ? License#
Home Improvement Contractor#
Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE -----�- DATE - cltJ W
FOR OFFICIAL USE ONLY
PE MIT NO. '
DATE ISSUED-
MAP/PARCEL NO.,
ADDRESS ', VILLAGE
OWNER'
DATE OF INSPECTION:
' ;c: f •, �' a -� _
FOUNDATION - -
FRAME
INSULATION f
' FIREPLACE
# ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL - -
i GAS: ROUGH FINAL
�S
FINAL BUILDING
DATE`.CLOSED OUT ;
ASSOCIATION PLAN NO. K
14 ,
I _ _
i.
1
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
r��rTT z-1 `) 2/-00
f��� 9I`ire o T- " f�c.> — 2
Map_ Parcel Permit#
Health Division 0A1 Y G;GuAl kz � Date Issued
Conservation Division L ,� WANT MUST 0"M A SEWER Fee
O0-NNECTION PBRMT FROM THE
Tax Collector kit ' '��`� D> PRcoR ° 02 3
Treasurer`
Planning Dept. (—' J
Date Definitive Plan Approved by Planning Board
Historic-OKH Preservation/Hyannis '
Project Street Address _ (aeorGP_ r
Village
Owner ter'1 Address �J6,anc4e
Telephone . 2 —
� t
Perm' equest _
( d 6va �t%g
Square feet: 1st floor:existing CNA -'Proposed 2nd floor: existing ! proposed _____�Total new
Estimated Project Cost# _ Zoning District � Flood Plain Groundwater Overlay
-Co`tistruction Type WOW,
Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation.
Dwelling Type: Single Family W Two Family ❑ Multi-Family(#units)
Age of Existing Structure tt ¢ qea Historic House: ❑Yes jar No On Old King's Highway: ❑Yes &No
Basement Type: ❑Full ®Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) / 0,51
Number of Baths: Full: existing new Half:existing new
Number of Bedrooms: existing new
Total Room Count(not including baths): existing new Z First Floor Room Count
Heat Type and Fuel: X'Gas ❑Oil ❑Electric ❑Other
d Central Air: Yes' LR No Fireplaces: Existing New��ar� Existing wood/coal stove: ❑Yes ;No
Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size
Attached garage:0 existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial 0 Yes ❑No If yes, site plan review#
Current Use Proposed Use
C BUILDER INFORMATION
Name r Telephone Number Gl
Address License#
Home provement Contractor#
Worker's Compensati #
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN.TOf 6
�.
SIGNATUR _ - DATE <
r FOR OFFICIAL USE ONLY ,: !
a PERMIT NO.
DATE ISSUED
MAP/PARCEL NO.
' ADDRESS _ VILLAGE ..
.; OWNERJ
;`. F. . ,
DATE OF INSPEC FlerN: ; v
sFOUNDATION ,.< � •_ � o .. � , - R , .: ,�
FRAME . , ; i
INSULATION ; C2
FIREPLACE 4,..
4 '
ELECTRICAL ROUGH FINAL
�} PLUMBING: ROUGH FINAL .. s x
GAS: ROUGH FINAL €
FINAL BUILDING ' -✓ J
DATE CLOSED OUT
-
'+ ASSOCIATION PLAN NO.
- f,
TOWN OF BARNSTABLE
° BUILDING PERMIT
PARCEL ID 319 054 +` GEOBASE ID 23.435
ADDRESS 95-GEORGE STREET PHONEp$-53 -0q
BARNSTABLE ZIP -
LOT 18 BLOCK LOT SIZE
DBA DEVELOPMENT DISTRICT BA
PERMIT 50797 DESCRIPTION AMEND#49274/ADD DEMO-BUILD DUE TO BAD FOUND)
1PERMIT.TYPE BREMOD TITLE RESIDENTIAL ALT/CONY �
CONTRACTORS: PROPERTY OWNEP. Department of Health, Safety
ARCHITECTS: and Environmental Services
TOTAL FEES: $248.00
NE
BOND $.00 OxT
CONSTRUCTION COSTS $80,00.0.00
434 RESID ADD/ALT/CONY 1 PRIVATE P.-.II.EnF
* STABLE,
MASS.
039.
BUILDI. 'G 4IV I
BYON
V�� � a
DATE ISSUED 12/28/2000 EXPIRATION DATE
TOWN OF ARNSTABLE
PARCEL ID 319 054 GLWBASE ID 21 3 4313
ADDRESS 95 GE0ROGY STREET Rqt-IiR 53�
BARNSTABLE.
LOT 18 B1.0a LQ-, ZFK
t BA DEVELOPMENT DI S TRItT BA
RE'}; I`!° fii0797 L}ES4RI:?T.I:t N { I EI�t?� 45274/ADl DEMO-BUILD DUE ToI3An I+" LTITD
PERMILT-TYPE A-R1040D TITLE RESID:ENTIAU ALA/CCINV
(CONTRIW'J'.ORS: PROPERTY OCA4 R Department of Health, Safety
ARCHITECTS
and Environmental.Services
TOTAll FEES:
484 RE wC.I D. AD.D S-,U.I C0N.V I .0 RI 5i t"T I
- MAM
16S9.
BUILDI, G DIVIrSION "�
BY
DATE i«ziL FLI 12/28/2C ')0 E, I)T.R,.NX I4JAi DATE
'
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER.TEMPORARILY OR PERMANENTLY.EN-
CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR
ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS I
PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. I
MINIMUM OF FOUR CALL INSPECTIONS REQUIRED
FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE
1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION
2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- PERMITS ARE• REQUIRED FOR
(READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH-
ANICAL INSTALLA TIONS.
3.INSULATION. OCCUPIED-UNTIL FINAL INSPECTION HAS BEEN MADE. I
4.FINAL INSPECTION BEFORE OCCUPANCY. I
I
I
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
•
I
i
2 2 2
I
I
I
3 1 ' HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT
2 . BOARD OF HEALTH
� I
OTH : r I SITE PLAN REVIEW APPROVAL
WORK SHAL OT PROC D UNTIL . I. PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS
THE MPECIOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY
VARIOUS STAGES OF CONSTRUC-. 1 MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTENNOTIFICA-'
TION. NOTED ABOVE. TION:
I
ter � ti.
� I
_ 4
TOWN OF BARNSTABLE
BUILDING PERMIT
.J c�
PARCEL .ID 319 054 GEOBASE ID 23436
ADDRESS 95 GEORGE STREET PHONE
BARNSTABLE ZIP
LOT 18 BLOCK LOT SIZE _
DBA DEVELOPMENT DISTRICT BA
PEWf, T 49274 DESCRIPTION ADD 21' X30- ONE STORY/KI_T./LR/BA ( SEWER }
PERMIT TYPE BADDI TITLE BUILDING PERMIT ADDITION
CONTRACTORS: PROPERTY OWNER Department of Health, Safety
ARCHITECTS: and Environmental Services
TOTAL FEES: $202.37
BOND $.00 OxTNE
CONSTRUCTION COSTS . $65,280.00
434 RESID ADD/ALT/CONV 1 PRIVATE P
* iAItNSPABLF, •
MASS.
1639. A�
BUILD' G DIVISIO�
BY
DATE ISSUED 1.0/13/2000 ' EXPIRATION DATE
TOWN O E+' 'BARNS TABLE
BU I LDI`44C`PER14 IT
PARCEL ID 319 064 CEOBA.SE 'ID 2,3435
ADDREIIS 95 GEORGE 1;TRE 2T PHONE
BARNS''t BLE GI:P I . .
LOT 18 BLOCK LOT SIZE
DHA DEVELOPMENT DISTRICT BA .
P RMR T 49274 DESCRIPTION AIM 21 ' X30" ONE ST0RY/K1T. `L /BA ( SEVIER
PERMIT 'HYPE BADDI TITLE BUTIDT
ING PERMIT A',OI'IION
CONTRACTORS: PROPERTY OWNER Department of Health, Safety
ARCHITECTS-. and Environmental Services
BOND $_00
CONSTRUCTION COSTS $6^,280 x 00
43.E RESID AI D/AI,'.l_/CONY. 1 - PRIVATE, PT .*
* )dARNSTABLE,
MA'I
BUILT)ib DIVISI /k�T
BY
DATE 'ISWED 10/la/2000 EXPIRATION DATE
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY..EN-
CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR
ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS
PERMIT DOES NOT RELEASE THE APPLICANT FROWTHE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF FOUR CALL INSPECTIONS REQUIRED
FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE
1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR
2.PRIOR TO COVERING STRUCTURAL MEMBERS HAS,BEEN MADE.WHERE A CERTIFICATE OF.000U- ELECTRICAL,PLUMBING AND MECH-
(READY TO LATH). PANCY IS REQUIRED, SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS.
3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
4.FINAL INSPECTION BEFORE OCCUPANCY.
i •
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRIPAL INSPECTION APPROVALS
I
Co 3 61 �-0 � I
I
l � � ` F/j1juA.
I
3 1 HEATING INSPECTION APPROVALS ENGINEERING_DEPARTMENT
2 BOARD OF HEALTH
OTH4• 'P� SITE PLAN REVIEW APPROVAL
� I
WORK SHAOT PROCE UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS
THE INSPECTORL N HAS APPROVED THE STRUCTION.WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED,FOR BY
VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA-
TION. NOTED ABOVE. TION.
B, UILDING
PE ..RMIT
,
The Town of Barnstable
oFTHE
Department of Health Safety and Environmental Services
Building Division
* snxrrsTnt LF. 367 Main Street,Hyannis MA 02601
MASS,
9 i639.
��FD MA't A
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
HOMEOWNER LICENSE EXEMPTION
Please Print
DATE:
JOB LOCATION.
n/ , ran lQ�tstreet village
"HOMEOWNER
name a home phone# work phone#
CURRENT MAILING ADDRESS: 7`�',
city/town state zip code
The current exemption for"homeowners"was extended to-include owner-occupied dwellings of six units
or less and to allow homeowners to engage an individual for hire who does notpossess a license,provided
that the owner acts as supervisor.
DEFINITION OF HOMEOWNER
F Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is
intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or
-~farm structures.-A person who constructs more fihan one ome. o=year periodshall not be considered-
a homeowner. Such'!homeowner"shall submit to the Building Official on a form acceptable to the
Building Official,that he/she shall be responsible for-all such,work-performed under the building permit.
(Section 109.1.1)
The undersigned"homeowner"assumes responsibility for,compliance with the State Building Code and
other applicable codes,bylaws,rules and regulations.
The undersigned"homeowner"certifies that he/she understands the.Town of Barnstable Building
Depa ent minimum mspe ' n procedures and requirements and that he/she will comply with said
pr ce ures and req ' e e
Si ature of Homeo er
Approval of Building Official _
Note: Three-family dwellings containing 35,000 cubic feetor larger will-be-required to comply
with the State Building Code Section 127.0 Construction Control.
HOMEOWNER'S EXEMPTION
The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the
provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a
person(s)for hire to do such work,that such Homeowner shall act as supervisor."
Many homeowners who use this exemption are unaware that they are assuming-the responsibilities of a supervisor(see
Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in
serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the
unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible.
To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit
application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a
form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community.
Q:FORMS:EXEMPTN
ESTIMATED PROJECT COST WORKSHEET
Value '
LIVING SPACE
(high end construction) square feet X$1151sq. foot=
(above average construction) square feet X$961sq. foot
(average construction) square feet X$57/sq. foot=
GARAGE (UNFINISHED) square feet X$25/sq. foot=
PORCH square feet X$20/sq. foot=
DECK square feet X$151sq. foot=
OTBIER square feet X$??/sq. foot=
Total Estimated Project Cost 6 5- 2$�
/nc/usionary Affordarb/e Housing Fee
Residential Commercial"
Property Owner's Name
Project Location
Project Value Permit Number
"Existing Sq. Ft. "Proposed New Sq. Ft.
Fee$
RUWAUNIOU4ry mauranate nounina wee wf,Iva122,ft
7=CU&A4Dma J
• _• Tab1o.LS.ZIb(eoatlaaed)
- pr=.ipttre PaelcaM for das and TwaFiM*Rsaideattai 9olldiaEa Saud with FoaailFacia -
MAXIMUM MVIIM M
Wall now Basement Slab �C°O�g
Am'(%) U-value= Rrvalu� !;-�� Rrvaitr2 Wiu PIS
p�= R.valoeee &value
5"1 to 6300 Headnit pew DzW
Q 12% 0.40 3E 13 19 10 6 Now
R 129A 0.32 30 19 19 10 6 N0rmal
9 12% GM 39 13 19 10 6 S AFUE
T 13% 636 31i n 23 1 WA WA Normal
U 15% 0." 3E 19 19 10 6 Normal
r 1�7i IR44 �O i3 ii NM •�::. 25 AR7E
W 13% G52 30 19 19 to - 6 S AFUE
X IE•/. 43Z 3E 13 E2E WA WA Normal
Y' IE•/. 0.42 3E 19 WA WA Normal
Z IVAL 0.42 32 13 19 10 6 90 AFEIE
AA 1E•b 0.50 30 l9 19 10 6 AFtJE
1. ADDRESS OF PROPERTY:
Ate-
2. SQUARE FOOTAGE OF ALL EXTERIOR WALLS:
3. SQUARE FOOTAGE OF ALL GLAZING-
4. %GLAZING AREA(#3 DIVIDED BY#2):
S. SELECT PACKAGE(Q—AA-see chart above):
NOTE: OTHER MORE INVOLVED METHODS OF DETERMINING ENERGY REQUIREMENTS
ARE AVAILABLE. ASK US FOR THIS INFORMATION.
BUILDING INSPECTOR APPROVAL:
YES: NO:
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Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Church -Appeal 2000-60
Special Permit-Section 4-4.3(2) Nonconforming Buildings or Structures
Summary: Granted with Condition
Applicant: Irene A. Church
Property Address: 95 George Street, Barnstable,MA
Assessor's Map/Parcel: Map 319, Parcel 054
Area: 0.12 acres
Zoning: RB Residential B Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
The property that is the subject of this appeal is a developed residential lot located along George Street
off Commerce Road in Barnstable Village, in close proximity to Barnstable Harbor. The 0.12 acre lot is
developed with a 3 bedroom, 1 story, single-family dwelling of 800 sq.ft. living area. The property also
has a detached garage structure measuring approximately 16 feet by 12 feet. The property is served by
public water and town sewers.
The applicant is seeking to expand the dwelling with a 21 by 30 foot one-story addition, incorporating part
of the existing garage structure into the home. The applicant is seeking a Special Permit in accordance
with Section 4-4.3(2)-Nonconforming Buildings or Structures Used as Single and Two Family
Residences-in order to utilize the existing structures non-conforming front and side yard setbacks.
According to the plans submitted, both the principal and accessory garage structures do not conform to
the required side yard setbacks of 10 feet. The dwelling is 6.84 feet from the side property line and the
garage is located 6.07 feet from the side lot line. The setback of the dwelling from Harborview Road is
9.09 feet with a front yard setback of 20 feet is'required.
According to the Assessor's Records the home was built in 1930. The applicant has also submitted a
1946 recorded plan showing the structures did exist at that time. Zoning for Barnstable Village was
enacted in 1950 by Article 67. The lot and structures are legal pre-existing non-conformities in that they
predate zoning in this area.
The project has been before the Old Kings Highway Historic District Commission and received a
Certificate of Appropriateness for the new addition on March 15,2000.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May
04, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to
all abutters in accordance with MGL Chapter 40A. The hearing was opened on July 12, 2000 and
continued to August 30, 2000 at which time the Board granted the Special Permit requested.
Board Member hearing the appeal were Gail Nightingale, Richard Boy, Daniel Creedon, Jeremy Gilmore
and Chairman Ron S. Jansson. Attorney John T. Snow represented the applicant who was also present
at the proceedings. No one spoke in opposition to the appeal. A full copy of the testimony given can be
found in the Board's minutes.
Town of,Barnstable-Zoning Board of Appeals-Decision and Notice
Church-Appeal Number 2000-60
Special Permit-Section 4-4.3(2)Nonconforming Buildings or Structures
Findings of Fact:
At the hearing of August 30, 2000,the Board unanimously made the following findings of fact in Appeal
2000-60:
1. The applicant is Irene A. Church and the locus is 95 George Street, Barnstable, MA, Assessor's Map
319, Parcel 054, in an Residential B Zoning District.
2. The lot is 0.12 acres developed with a 3 bedrooms, 1 story, single-family dwelling of 800 sq.ft. living
area.
3. Under zoning, the lot has two front yards because it fronts on George Street and also on Harborview
Road.
4. The applicant is seeking to add a 21 by 30 foot one-story addition incorporating part of the existing
garage structure into the home .
5. A 1946 recorded plan shows the structures existed prior to the 1950 enactment of zoning in
Barnstable Village. The lot and structures are legal pre-existing non-conformities in that they predate
zoning in this area.
6. The addition being proposed does not increase the degree of non-conformity on the lot.
7. The proposal would not represent a substantial detriment to the public good or the neighborhood
affected.
Decision:
Based on the findings of fact,a motion was duly made and seconded to-grant the relief being sought in
Appeal 2000-60 subject to the following condition:
This permit is issued for the development of a one story addition as per plans submitted to the Board
entitled"Site Plan for#95 George Street Barnstable, Mass."dated 3/9/2000 drawn by Wm., M.
Warwick&Assoc., Inc. and as per plans submitted to the Old Kings Highway Historic District
Commission entitled"House Plans for Church Residence"dated 3- 17&18-00. Any increase in foot
print or height of the structure shall require not only Old Kings Highway Historic District Commission
approval but also approval of the Zoning Board of Appeals.
The vote was as follows:
AYE: Gail Nightingale, Richard Boy, Daniel Creedon, Jeremy Gilmore and Chairman Ron S. Jansson
NAY: None
Ordered:
Special Permit 2000-60 has been Granted with Conditions.
This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this,
decision must be exercised in one year.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty
0 day a r he date of the filing of this decision in the office of the Town Clerk.
Ron . Jan n, Chairman Date Signed
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 d in the offs of Town Clerk.
Signed and sealed this day of rJ under: he pains and penalties of
perjury.
Linda Hutchenrider, Town Clerk
2
e I
r�
Town of Barnstable
Planning Department
�r a(i Staff Report
e(�" Church -Appeal Number 2000-60
Special Permit-Section 4-4.3(2) Nonconforming Buildings or Structures
Date: July 05, 2000
To: Zoning Board of Appeals
From:
Approved By: Jackie Etsten, Principal Planner
Art Traczyk, Principal Planner
Applicant: Irene A.Church
Property Address: 95 George Street, Barnstable, MA
Assessor's Map/Parcel: Map 319, Parcel 054
Area: 0.12 acres
Zoning: RB Residential B Zoning District
Groundwater Overlay: AP Aquifer Protection District
Filed:May 04,2000 Hearing:July 12,2000 Decision Due:October 06,2000
Background:
The property that is the subject of this appeal is a developed residential lot located along George Street off
Commerce Road in Barnstable Village. The locus is in an area referred to as"Common Fields", one of the
earliest settled areas-of the town. It is in close proximity to Barnstable Harbor.
The 0.12 acre lot is developed with a 3 bedrooms, 1 story, single-family dwelling of 800 sq.ft. living area.
The property also has a detached garage structure measuring approximately 16 feet by 12 feet. The
property is served by public water and town sewers.
The 'back-side' of the lot also fronts on Harborview Road. Under zoning, the lot has two front yards.
The applicant is seeking to remove the garage and expand the dwelling with a 21 by 30 foot one-story
addition. The applicant is seeking a Special Permit in accordance with Section 4-4.3(2) - Nonconforming
Buildings or Structures Used as Single and Two Family Residences - in order to utilize the existing structures
non-conforming front and side yard setbacks.
Staff Review:
According to the plans submitted, both the principal and accessory garage structures do not conform to the
required side yard setbacks of 10 feet. The dwelling is 6.84 feet from the side property line and the garage is
located 6.07 feet from the side lot line. The setback of the dwelling from Harborview Road is 9.09 feet with a
front yard setback of 20 feet is required.
The addition is to be setback 7.00 feet from the side property line and 15.20 feet from Harborview Road front
property line. Although this is less intense then what exist today, it still is not within the purview of the
Building Commissioner to grant under the Ordinance and a Special Permit is required.
According to the Assessor's Records the home was built in 1930. The applicant has also submitted a 1946
recorded plan showing the structures did exist at that time. Zoning for Barnstable Village was enacted in
1950 by Article 67. The lot and structures are legal pre-existing non-conformities in that they predate zoning
in this area.
The applicant is utilizing the garage (an accessory structure) setbacks to expand the dwelling (the principal
structure) which is permitted given the terminology used in the Zoning Ordinance. Throughout the non-
conforming section, the references are made to both "building of structure". That combined reference would
render the sections applicable to accessory structures also.
Town of Barnstable-Planning Department-Staff Report
/ Church-Appeal Number 2000-60
Special Permit-Section 4-4.3(2)Nonconforming Buildings or Structures
However, staff is concerned with the demolition aspect of the garage. Would some section of the garage
wall have to be retained in order to fulfill the requirements of Section 4-4.3? That section only references
"alteration or expansion"of the structure and no mention is made to `reconstruction or rebuilding'.
The Board may recall that this issue was raised in Appeal No. 1998-037- Dugas. That request was an
appeal of the Buildin? Commissioner's decision to issuance a building permit for removal and rebuilding of a
residential structure. Part of the argument made in that appeal was that a portion of the building must be
retained in order to exercise the right granted under the non-conforming section of Barnstable's Zoning
Ordinance. Total demolition or removal of the building was not considered to be encompassed within the
term "alteration or expansion". The decision of the Board to uphold the Building Commissioner was
subsequently appealed in the courts, a decision rendered by the courts and that decision appealed in Land
Court. It is still outstanding and a decision is not due for several months.
Although the Zoning Board, Building Commissioner and Planning Staff do not necessarily agree that this was
the intent of the section, the decision of the court did note this issue and the deficiency in the ordinance.
Staff would suggest that the applicant should try to avoid the issue all together. If part of the existing garage
structure was to be retained, the project would adhere with the terms"alteration or expansion".
The project has been before the Old Kings Highway Historic District Commission and received a Certificate
of Demolition or Removal for the garage structure and a Certificate of Appropriateness for the new addition
on March 15, 2000.
Special Permit Findings:
In addition to meeting the requirements of Section 4-4.3(2) Nonconforming Buildings or Structures Used as
Single and Two Family Residences), the granting of a Special Permit requires the following finding of facts to
be made by the Board (as required under Section 5-3.3(2)):
• that the application falls within a category specifically excepted in the ordinance for a grant of a Special
Permit, and
• that after evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning
Ordinance and would not represent a substantial detriment to the public good or the neighborhood
affected.
Suggested Conditions:
If the Board should find to grant the request, they may wish to consider the following restriction:
This permit is issued for the development of a one story addition as per plans submitted.to the Board
titled "Site Plan for#95 George Street Barnstable, Mass."dated 3/9/2000 drawn by Wm., M. Warwick&
Assoc., Inc. and as per plans submitted to the Old Kings Highway Historic District Commission titled
"House Plans for Church Residence"dated 3-17-00. Any increase in foot print or height of the structure
shall require not only Old Kings Highway Historic District Commission approval but also approval of the
Zoning Board of Appeals.
Attachments: Applications Copies: Petitioner/Applicant
Assessor's Field Cards
GIS Map
Note-This structure is located at 36 Sunset Lane in Barnstable Village
2
SHEET 1 OF 2
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ZONE: RB Scale: 1 "=20' Date: 31912000
ASSESSORS MAP: 319 PARCEL: 54
BENCHMARK DATUM: ASSUMED
FLOOD ZONE- NON—HAZARD C l'm. .rY.l. Xamick & Assoc. .Inc.
Pon el No: 250001 0001 D (712192) 63 County Road Box 801
PLAN REF: BOOK 75 PAGE 155
WATER SOURCE- TOWN; SEWER: TOWN Nortfi Falmouth amass 02556
(508) 563 — 7777
pDI$C. CHURCH PROJ: CHURCH DWG: CHURCH BY- GSL
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JOSEPH $ ROBERTA
VOZZELLA
CER77FICAT/ON
- On the basis of my knowledge, Infon•natlon, and
belief, I certify to the Town of Barnstable
that as a result of a survey made on the ground
on 12/15/2000, I rind that: " ��L&R T/F/ED PL 0 T PLAN "The structure(s) are located on the s/te as
shown. FOR
The title lines and lines of occupation of the
site are as shown hereon. 95 GEORGE STREET
The site Is situated in Flood Zone Non—Hazard C
( Panel No. 250001 0001 e: 712192 ) BARNS TA BLE, MASS.
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Date: �2�2/ /00 �o� GARY CyG
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Gary f Labrie, P.L.S. m, f [Warwick cPc Assoc. Inc.
' PLAN REF• BOOK 75 PAGE 155
68 Counly Road Box 801
WA TER SOURCE: TO WN; SEWER: TO WN NortA Falmouth Mass 02556
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4 FOUNDATION DES No. TYPE DESCRIPTION
STEPS FROM SLID
EXISTING REAR ELEVATION _ PROPOSED REAR ELEVATION � 30' x 30" x 10' PADS 1 6 2'Or
x 6' 8'-s PANEL DOORS
, SCALE: 1 8" +� 1.0' RIDGE VENT 2 1 3•-0' DOOR W 2 1'-0' SiDELiGHTS
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STEPS FROM SLIDER
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EXISTING LEFT ELEVATION PROPOSED LEFT ELEVATION `
scAu� 1 8" 1.0
• SCALE: 1/8' - 1.0'
PROPOSED. 8 PITCH
PROPOSED 10 PITCH
PRoposF.� 10-plrcH REV. DESCRIPTION BY DATE
FOR APPROVAL: TO SHOP: TO FIELD:
ARCHITECTUAL SOSTiNG/PROPOSED 8 PITCH
;
ROOFING SHINGLES R & R APPROVAL AS BUILT:
- i
WHITE CEDAR SHINGLES
X 5 CORNERS HOUSE PLANS FOR CHURCH RESIDENCE
JOB NAME. CHURCH
DRAWN BY: GSL CHECKED BY. ABL
11 H Dam LOCATION. 95 GEORGE STREET
SCALE. . 1/8 — 1 0
BARNSTABLE, MASS.
. STEPS FROM suDER DATE: 3--17--.00
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EXISTING RIGHT ELEVATION PROPOSED RIGHT ELEVATION
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