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0035 LOUIS STREET -
- ) -�-" �� .r - __ - - --- - - - _ - -- i � �;:.tm i � �, .� i � � v � � � �. � �. g �: � a \� ., vJ �:. .� III �,,.�a V i' ,� � 'I� _.. __ Al, ve pre , i !i i r j{ f i 1 m U IGiI d 11 V Al 1 i Alo - 9 - t l v f3 yt�_ �� �jL�� .�� �, .,� , t .'� � � �� � ,f {' f ���� . I I' .�, i �:}_ �: - _t _ ���-:,��- .». .,. �.�, r ;. � w,�' �'ri ..q. .. Town of Barnstable Building Department Brian Florence, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Pre-application for Business Certificate Date Map o Parcel Applicant Information Applicants Name r—. Applicants Address 35 A 10 )V5 5+9 C-Ei' Email Address Telephone Number "}q Listed ❑ Unlisted ❑ Business Information New Business? Lp�4N65__c�.E f�N►_Nq__ Yes No Business is a registered corporation? ________________________. Yes No If yes Name of Corporation Does business operate under the registered corporate name? Yes Is the business a sole proprietorship or home occupation? _________ Yes No If yes then a,H/ofine Occupation Registration is required-See Building Division Staff Name of Business -1/� L 0 A C IU S C` E A N I'i C, Business Address IV/!I Lag F_ i/ 5 CL E � N1(� C1 26 A Ln J I5 54-R [Lt Type of Business Al,� L4 R L P�S C LE ( N 1 build' Commissioner Office Use my Conditions % 'Building Commission G &)' Date Lgo Clerk Office Use Only Town of Barnstable Building Department °F TOw,y Brian Florence,CBO Building Commissioner sAMsrxaLE. 200 Main Street,Hyannis,MA 02601 NAM 9 1639. ��� www.town.barnstable.ma.us ��FD MA'1 a Office: 508-862-4038 Fax: 508-790-6230 Approved: Fee: Permit#: V-S HOME OCCUPATION RAGISTRATION Date: Name: 6AV N A AhNE COOS SR Wto5 SILyA Phone#: -"Iq 368 93 8,2- Address: 35 A L�D 11 i 5 S�-R C C-t Village: Name of Business: Ljl��IgEtl A S CIE A 'N tN C� Doo Type of Business: Map/Lot: "'�C)C / INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater pollution. 0 After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the 0 C r C following conditions: �► GI • 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. co C • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust oT other particular .matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects. NO) X 2 • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess 0 of normal household quantities. M - • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Co > 0 Occupation,and not within the required front yard. C n • There is no exterior storage or display of materials or equipment m C • 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 0 : exceed 4 tires,parked on the same lot containing the Customary Home Occupation. � • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering. Applicant: Date: 0 Q o -�O Homeoc.doc Rev.10/17 Town of Barnstable Building Post�This Card So That it�s.U�sible From,the Street A rovetl,Plans;Mustbe,ReLamed on Job andahis;CardMust be Kept �;. " cis FBIARIMA :U",ntilFinal Inspection Has BeenMade � ,% y �_ i634' `z--., s.. £."..;>x .:`,E; '`' ,:3`v �,. % ,,...s: �_✓e.: ,�' d',.,,;. ;" ., -.z. :.'<3.� u �' r:, a' `w ., a'� ; Permit Where a Certificate.;of°®.ccu anc is Re uired;sucbBuildmg shall Not be Occupied until'a,FFinallnspection has:been:made Permit No. B-18-4195 Applicant Name: Lloyd R Smith Vivint Solar Developer LLC Approvals Date Issued: 02/26/2019 Current Use: Structure Permit Type: Building-Solar Panel-Residential Expiration Date: 08/26/2019 Foundation: Location: 35 LOUIS STREET, HYANNIS Map/Lot 309 200 Zoning District: OM Sheathing: Owner on Record: COHEN, ELI&CECILLE V TRS Contractor Name ':•.BRIEN LANGILL Framing: 1 Address: 84 ROOSEVELT ROAD Contractor License CS-106675 2 MEDFORD, MA 02155 Est Project Cost: $3,168.00 Chimney: i Description: Installation of roof mounted photovoltaic solarsystem 7 2,KW 24 Permit Fee: $85.00 Panels _' Insulation: Fe'e�Paid:� $85.00 Project Review Req: ;, Date 2/26/2019 Final: fAzPlumbing/Gas -- Rough Plumbing: -- W ui rn icia This permit shall be deemed abandoned and invalid unless the work authorizedby this permit is commenced within six months after�ssuan2. Final Plumbing: All work authorized by this permit shall conform to the approved application-rid the'approved construction documents four whichithis permit has been granted. All construction,alterations and changes of use of any building and structures shalJ�be in compliance with the local zoning by laws and codes. Rough Gas: This permit shall be displayed in a location clearly visible from access street�or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. x Final Gas: The Certificate of Occupancy will not be issued until all applicable signatu es by the Biding and Fire Officials are:provid d orithis;permit• Electrical Minimum of Five Call Inspections Required for All Construction Work: fr , 1.Foundation or Footing _ Service: 211 2.Sheathing Inspection 3.All Fireplaces must be inspected at the throat level before firest flue,Immg is installed : . Rough: ... 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Final: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage Rough: 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Work shall not proceed until the Inspector has approved the various stages of construction. Health "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Final: Building plans are to be available on site Fire Department �c All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT Final: Town of Barnstable Building + IABNSTABIeX.$ Pofit,T ,ai,ss edhU 1639. noWtre C Ge�;r;tific�.a,t`e.,;.o..f Occupancy is Required,such,Bu..:?i,l dms g> s.emhs'all N.ot'', be'F,Ofc°c<'u%pied°until,�a,YF inal..I„n sp Permite Permit No. B-18-700 Applicant Name: Eric Barsness Approvals Date Issued: 03/22/2018 Current Use: Structure Permit Type: Building-Siding/Windows/Roof/Doors Expiration Date: 09/22/2018 Foundation: Location: 35 LOUIS STREET, HYANNIS Map/Lot 309-200 Zoning District: OM Sheathing: Owner on Record: COHEN,ELI&CECILLE V TRS >. Contractor, Name`: .ERIC A BARSNESS Framing: 1 Address: 84 ROOSEVELT ROAD Contractor License CS-079883 2 MEDFORD, MA 02155 'Est.,Project Cost: $2,000.00 Chimney: Description: Remove and replace a v p p approximately 800 square feet of asphalt Permit Fee: $ 160.00 roofing. Replace with 15 lb felt paper and 30 year Certainteed Insulation: Landmark asphalt shingle be Paid $ 160.00 �r Date: 3/22/2018 Final: Project Review Req: K, _ F ` Plumbing/Gas �; 7 c Rough Plumbing: a � Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within sN,months after issuance. Rough Gas: All work authorized by this permit shall conform to the approved applicaticih and the approved construction documents for which this permit has been granted. Final Gas: All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by laws,", codes. This permit shall be displayed in a location clearly visible from access street orroad'and shall be maintained open for public uispecfion for the entire duration of the 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. Service: All Minimum of Five Call Inspections Required for All Construction Work m { Rough: 1.Foundation or Footing 2.Sheathing Inspection Final: 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 Low Voltage Rough: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation - Low Voltage Final: 7.Final Inspection before Occupancy Health Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. 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). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT p cM psLL 3�T The Commonwealth of Massachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 110.7, this CERTIFICATE OF INSPECTION is issued to ELI &CECILLE COHEN Certify that I have inspected the premises known as: 35 LOUIS STREET MULTI-FAMILY located at 35 LOUIS STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R2 The means of egress are suff cient for the following number ofpersons: Location Capacity Location Capacity 5 UNITS 4 1-BEDROOM 1 2-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201502943 6/10/2015 6/10/2020 309 200 The building official shall be notified within(10) days of any changes in the above information. Building Official r COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY � FIVE-YEAR CERTIFICATE Date � � �� �� (X) Fee Required$ 95.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 110.7,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3 S Z 4 Ad Name of Premises: 4 <kw t,/,( Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO 1 BEDROOM 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: Al Address: 4 o o s e-yel j- 1,�b fficur o'&4, �/�fSt_. �,�1 s✓ 7 / Telephone: 7�I.3`J G'� �(f'S C c/J [ l�' �' �! S C/,9- Name and Telephone Number of Local Manager, if any: Owner of Record of Building: h.(/ �(J/ Ay Address: cS ld4 o s—c✓e/L — NO' G�yf f-,'</47-W t,.21 Name of Present Holder of Certificate:/ el1� `� . U) SIGNATURE OF PERSON TO WHOM CERTIFICATE . ISISSUED OR AUTHORIZED AGENT ` PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2) Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET, HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# �( EXPIRATION DATE: l e I® IZOZJD coiappmf f Town of Barnstable �FTNE in Regulatory Services Richard V. Scali, Director w Building Division !6 ,0�' Thomas Perry, CBO, Building Commissioner �E1639. 200 Main Street, Hyannis, MA www.town.bamstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 May 11, 2015 Twenty Five Louis Street Realty Trust 84 Roosevelt Road Medford, MA 02155 Re: 35 Louis Street Hyannis, MA Certificate of Inspection Multi-family (5-year Certificate) Attached is an application for a Certificate of Inspection as required by Section 110.7 of the Massachusetts State Building Code, Eighth Edition. Please complete the application and return it to this office with the required fee for the five-year Certificate of Inspection: 5 units - $95.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. Sincerely, Thomas Perry Building Commissioner Enclosure jcoiletmf COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE Date (X) Fee Required$ 95.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 110.7,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO 1 BEDROOM 2 BEDROOM 3 BEDROOM OTHER . . . . Certificate to be Issued to: Address: Telephone: Name and Telephone Number of Local Manager, if any: Owner of Record of Building: Address:. Name of Present-Holder of Certificate: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR,AUTHORIZED AGENT PLEASE PRINTNAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# EXPIRATION DATE: coiappmf TOWN OF BARNSTABLE INSPECTION WORKSHEET dose CERTIFICATE NO: 1 201502943 CANCELLED: MAP: 309 DBA: 135 LOUIS STREET MULTI-FAMILY PARCEL: 200 NAME/MANAGER: JELI&CECILLE COHEN STREET: 135LOUISSTREET VILLAGE: IHYANNIS STATE: MA ZIP: 02601- SEQ NO: 0 BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: I I STORYI: CAPACITY: USE1: R2 Capacity Under 50: ❑ STORY2: CAPACITY: USE2: STORY3: CAPACITY: USE3: Outside Seating: ❑ BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOC1: 5 UNITS CAPS: LOC8: CAP2: LOC2: 41-BEDROOM CAP9: LOC9: CAP3: LOC3: 12-BEDROOM CAP10: LOC10: CAP4: LOC4: CAP 11: LOC11: CAPS: L005: CAP12: LOC12: CAPE: LOC6: CAP13: LOC13: CAP7: LOCI: CAP14: LOC14: INSPECTION: DATE ISSUED: EXPIRATION: 08l11/2010 06/10/2015 06/10/2020 COMMENTS: COMMON ENTRANCE �Yje �orrYn�ou�e�Yt�j of j.azzarbu.5ett.5 TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to ELI & CECILLE COHEN 3 QCertifp that I have inspected the premises known as: 35 LOUIS STREET MULTI-FAMILY located at 35 LOUIS STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R2 The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 5 UNITS 4 1-BEDROOM 1 2-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201004011 6/10/2010 6/10/2015 3 200 The building official shall be notified within (10) days of any changes in the above information. - --- --- -- ------------ ----- Building Official PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE BUILDING DEPARTMENT 200 MAIN STREET HYANNIS, MA 02601 -' DATE: 08/04/10 TIME: 14:05 ----------------- --------- PERMIT $ PAID 95.00 AMT TENDERED: 95.00 AMT APPLIED: 95.00 CHANGE: .00 APPLICATION NUMBER: PAYMENT METH: CHECK PAYMENT REF: 3700 O COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI—FAMILY FIVE-YEAR CERTIFICATE Date X) Fee Required$ . 00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: G S 7"- Name of Premises: Purpose for which premises is used: MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO I BEDROOM 2-BEDROOM / 3 BEDROOM OTHER Certificate to be Issued to: f Address: 1� �D S J�/ �C�'` '20 9 /0 Ila Telephone: -7U �'l ��� VS-- eal e� /,2 2 z— Name and Telephone Number of Local Manager, if any: Owner of Record of Building: Address: Name of Present Holder of Certificate: Ll-zy SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1) Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# 0�©� �1c/�L� EXPIRATION DATE: coiappmf } L °FINE� 'Town of Barnstable °^ Regulatory Services �a MASS. � Thomas F. Geiler, Director �p i639. ♦0 lEo,,,prA Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 May 12, 2010 Eli & Cecille V. Cohen, Trs. 84 Roosevelt Road Medford, MA 02155 Re: 35 Louis Street, Hyannis Certificate of Inspection Multi-family (5-year Certificate) Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code. Please complete the application and return to this office with the required fee: 5 Units - $95.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. Sincerely, Thomas Perry Building Commissioner Enclosure a f jcoiletmf The CommmonWea ltb of jflao rbu.5ett. TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to ELI COHEN 3 Certtfp that I have inspected the premises known as: 35 LOUIS STREET MULTI-FAMILY located at 35 LOUIS STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R2 The means of egress are suff cient for the following number ofpersons: Location Capacity Location Capacity 5 UNITS 4 1-BEDROOM 1 2-BEDROOM Issued: Ex Certificate Number: Date Certificate I ss Date Certificate Expired: Map Parcel 46567 6/10/2005 6/10/2010 309 200 The building official shall be notified within(10) days of any changes in the above information. Building Official ce tT f COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY ( (G FIVE-YEAR CERTIFICATE Q r Date s�r 7�d� (X) Fee Required$ (_-2 t�2 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: Name of Premises: Purpose for which premises is used: MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO I BEDROOM 2 BEDROOM J 3 BEDROOM OTHER Certificate to be Issued to: ,l�� /I (01�17_ ) Address: 94 /--k00Se'VeA/r IA J` � � ��� G�(6 Telephone: / — i Owner of Record of Building: ✓w( D/ � Address: L171/J Z� Name of Present Holder of Certificate: jam ,( CO Name of Agent, if any: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT i PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# �'C�� �_ EXPIRATION DATE: coiappmf I TOWN OF BARNSTABLE INSPECTION WORKSHEET close CERTIFICATE NO: F 201004011 CANCELLED: E MAP: 309 DBA: 135 LOUIS STREET MULTI-FAMILY PARCEL: 200 NAME/MANAGER: JELI&CECILLE COHEN _ STREET: F35 LOUIS STREET 1 VILLAGE: JHYANNIS ] STATE: MA ZIP: 02601- SEQ NO: BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: STORY1: CAPACITY: USE1: R2 Capacity Under 50: ❑ STORY2: CAPACITY: USE2: Outside Seating: STORY3: CAPACITY: _ USE3: ❑ BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOC1: 5 UNITS l CAP8: LOC8: T_ CAP2: LOC2: 4 1-BEDROOM -- CAP9: LOC9: ---- �_--�—�— CAP3: LOC3: 12-BEDROOM CAP10: LOC10: CAP4: LOC4: CAP11: LOC11: CAPS: L005: CAP12: LOC12: CAP6: LOC6: CAP13: LOC13: CAP7: LOC7: CAP14: LOC14: INSPECTION: DATE ISSUED: EXPIRATION: PrintTh�sScreen? 06/10/2010 06/10/2015 0 F) f Print' eR�ficste of inspection; COMMENTS: COMMON ENTRANCE �T Town of Barnstable Regulatory Services BARNSTABM MASS. Thomas F. Geiler, Director A�EO 39. Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street,-Hyannis, MA 02601 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 May 12, 2005 Eli Cohen 84 Roosevelt Road Medford, MA 02155 i Re: 35 Louis Road, Hyannis Certificate of Inspection r Multi-family Dwelling (5-year Certificate) Dear Property Owner: Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Sixth Edition. Please complete the application and return to this office with the required fee: 5 Units - $95.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5.2 of the State Code. Sincerely, Thomas Perry Building Commissioner Enclosure jcoiletmf I � "�. W � � � AE d 8 O i O x '"'"` ti ,r � �#<,, �+ �,� ���t�r v `I� ❑ �X File F'ii 'Took Help r r �I Action _ Year/Type/Bill No. Customer Account Information �f History s 2003 RE-R 5823 219987� (� Detail � � _ COHEN, ELI 8`CECILLE V TRS Property Information m _. ., 64 ROOSEVELT<ROAD � "" Parcel ID I rig Bill Dt r MEDFOR MA 02155 r Alt Parc `Effective Date x3PropLoc 35 LOUIS STREET f t, LienJSale 400 xAL a Speual Conditions/Notes R1 i�ck Scam V M�ec K Int Dt . Billed AbtJAd m l Pt/Crd Interest Unpaid bal . 11/21/02x 1,046 63 00 ki 046.63 I 00 00 fit-- _ _ * . Utility Acct 05/02/03._t 1,046 61 � 00 1,046 61` O0 � 00+3 � i — 3 1 _ - =: — =p Customer. Fees/Pen 0 00 00 _ 00 00 _ Totals: 2,093 24` `s 00 2 093 24 " .00 ,00 a 11 9 _. �- Parcel Name Notes/Alerts '.Due 05J11'J2005 ° ` .00: 15 :'; a " Per Diem x .00° t 11..B7illing Dates lAN 1 Owner ,COHEN. ELI&CECILLE,4,,, o .� - � Preferences ���°" yt, 4 �4 taB evPrarUn BILL-HDR �m t , s t z 1 Of , e. OVI.� a.s f TOWN OF BARNSTABLE INSPECTION WORKSHEET Coos' CERTIFICATE NO: 1 46567 1 CANCELLED: MAP: 309 DBA: 135 LOUIS STREET MULTI-FAMILY PARCEL: 200 NAME/MANAGER: JELI COHEN STREET: 35 LOUIS STREET VILLAGE: HYANNIS STATE: MA ZIP: 02601- SEQ NO: 1❑ BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: STORYI: CAPACITY: USE1: R2 Capacity Under 50: STORY2: CAPACITY: USE2: STORY3: CAPACITY: USE3: Outside Seating: BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOC1: 5 UNITS CAPS: L005: CAP2: LOC2: 41-BEDROOM CAP6: LOC6: CAP3: LOC3: 12-BEDROOM CAP7: LOC7: CAP4: LOC4: CAPS: LOC8: INSPECTION: DATE ISSUED: EXPIRATION: ,,Pd tThis Screen; 06/10/2005 06110/2010 ' Print Ce'rtificat of Inspection, COMMENTS: t Town of Barnstable Regulatory Services ' ■AMS ABUL ' Thomas F.Geiler,Director MASS 1659. .`�� Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM DATE: TO: File REGARDING: COI Multi-Family Use Re: J� Certificate of Inspection is r required for this property--does not consist of 3 or more units within a single structure. Notes: (a;)A444 inn 0'1�w� c n �1 c The C om m o n w ealth of M assachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code,Section 106.5, this CERTIFICATE OF INSPECTION is issued to ELI COHEN Certify that I have inspected the premises known as: 35 LOUIS STREET MULTI-FAMILY located at 35 LOUIS STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: Use Group Construction Type Location Capacity R2 5 UNITS 1 STUDIO 2 1-BEDROOM 1 2-BEDROOM 1 3-BEDROOM 46567 6/10/00 6/10/05 Certificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within(/0)days of any changes in the above information uilding Oicial ;j COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY 1 r�BG FIVE-YEAR CERTIFICATE Date d'4 (X) Fee Required$ 9s~ 0 0 ( ) No Fee Required I In accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: �,Ov1S. S �/ i//�ti� �. ®0Da� Name of Premises: �S 'E/ \J u Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO 1 BEDROOM 2 BEDROOM 3 BEDROOM / OTHER Certificate to be Issued to: ( Address: 0 Y ���1/� d"�� GGl j��/ V '✓f G�//c/.� �p�(�.f Telephone: /' 16 -VCP (tj Owner of Record of Building: SIB Address: Name of Present Holder of Certificate: SkiAWo -s Name of Agent,if any: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 367 MAIN STREET,HYANNIS•,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# 7` h . 7 EXPIRATION DATE: 6//d/�'.5_ i oFTMe The Town of Barnstable ELAMSTABM 9eb 0 9. 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 CERTIFICATE OF INSPECTION CAPACITY INSPECTION MULTI-FAMILY DBA is v M&P LOCATION 3 04 OWNER ADDRESSQc_�OZ-QVQ ,'� ZONING NO. OF UNITS/FEE GLORIA URENAS APPROVAL DATE INSPECTOR DATE OF INSPECTION J980309A �tHE tql,_ The Town of Barnstable snnxsrnei.E, MAM �0� Department of Health, Safety and Environmental Services 39. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 15, 2000 ELI & CECILLE COHEN 84 ROOSEVELT ROAD MEDFORD, MA 02155 Re: Certificate of Inspection Multi-family Dwelling (5-year Certificate) 35 LOUIS STREET,HYANNIS 309 200 Dear Property Owner: Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Sixth Edition. Please complete the application and return to this office with the required fee: 5 Units - $85.00 The fee has been established by the State(Table 106) and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5.2 of the State Code. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn j990428e CF THE tp� • • BARNSPABU& • �� E9. , 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 Re: SPR-060-97 Cohen, 35 Louis Street, Hyannis (309/200) Proposal: Maintenance as multi-family dwelling with 5 units. Re: SPR-061-97 Cohen, 39 Louis Street, Hyannis (309/201) Proposal: Maintenance as multi-family dwelling with 3& 4 units. Dear Mr. Boudreau, The above referenced proposal was reviewed at the Site Plan Review meeting of'September 11, 1997mid approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance with the following conditions: • If the Appeal of an Administrative 011icial is upheld, a parking layout is required. This would be an 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 Zoning 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 f The Town of Barnstable KM& Department of Health, Safety and Environmental Services 1639. " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 15, 1997 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, Ralph M. Crossen Building Commissioner RMC/lbn g970715b 1 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. Research 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(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 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(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 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. 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. Sincerel 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. 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 I� 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 , I 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 Louis 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 boughtit 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 housing 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 I received any complaint or notice of any violation from the Town of Barnstable or anyone else . In fact, I checked with the Town continued . . . f • i 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 compliance. 10) I have obtained the following information from Robert I%chitty, the Director of ASsessing for the Town of Barnstable . T-e 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 . 00 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 by-law in effect in the 19701s , Sec . M - stated "Apartment dwelling structures may hereafter be built where authorized, but only in accordance with the following requirements , " and then :•;ent on to specify lot coverage, setbacks , parking, etc . Note that our structure was built in the 1920 ' s . In 1982, after we know all five units existed, Sec. M wa= amended to read "Apartment dwelling structures may hereafter be -silt or established in an existinq bui�lding when authorized c-1y in accordance with the following requirements " . Therefore, prior to 1982 , the zoning by-law did not prob_bit 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 were finished before 1971. The structure was a pre-existing, non- conforming use and therefore did not have to meet the setback, parking and other requirements of Sec. M. Paragraph g. of Sec. M (both the April 2 , 1975 and February, 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 t`at the basement was finished in 1971 . The basement area was cc-structed l and used prior to 1972 and is therefore grandfathered aso . The above information is true to the best of my knowledge and belief. Signed under the pains and penalties of perjure.-, this fourteenth day of April , 1997. .tom--i-- William G. Howes III - 2 - 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 Atty.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, Area in Frontage Width Setback Yard Yard - roofer, shoemaker, shoe repairer, shoe shiner, tailor, tinsmith, Sq.Ft. 1n 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 filling stptiQns,end 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 OESIDENCE D 20,000 125 30 15 15 all inclusive and any other ordinary business use of a similar nature ESIDENCE D-1 20,000 125 30 10 10 may be carried on in a Business District. ESIDENCE F 43,560 150 30 1S 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 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 figures shown as"50(30)" and inserting therein the figure"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 5, 1974. c. Retail sale of marine fishing and boating supplies. Residence G added by 1979 An 7,approved by the Atty. 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 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 1974 An 146,approved by the Atty.Gen.July h. Operation of charter fishing and marine sightseeing and ex- 16, 1974. cursion facilities. K. USE REGULATIONS — NON-RESIDENCE DISTRICTS a. & f. required to connect to the Town sewer system and subject No building shall be erected or altered, and no building or to Special Permit under Section P. emises 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,"rhe c. Detached one family dwelling. maximum height...from this height Bm►tadon." Sub-paragraph(c)added by 1970 An 108,approved by the Atty.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" C. Offices and banks. 6. Marine Business District B. d. Restaurants and other food establishments. a. Building, sale, rental, storage and repair of boats. C. b. Retail sale of marine fishing and boating supplies. Page 12 u 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 1973 An 141,approved by the Atty.Gen.June 15, 1973. - (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. service store or shop. Paragraph A.amended by 1977 An 27,approved by Atty.Gen.Jan.12,1978,"and,seventy(70)per. 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. lesterville 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 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 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 s ' licatessens may be permitted. „� E T e d paragraph(e)added by 1974 An 127,approved by the Atty.Gen.July 16,1974. 12. Profesional Residential District. c y E" E H o g .2 z ;- ic a. Detached one or two family dwellings. BUSINESS N/A N/A N A 200) N Ac N/Ac N A�m 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 Atty. Gen.June 15, 1973. to the modification allowed by Section P. BUSINESS LIMITED B 7,500 75 — 20 7-A 71/2 c. Renting of rooms to not more than ten persons by a family BUSINESS LIMITED C 20,000 125 — 30 is is — 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.June 19, 1970. SERVICE&DISTRIBUTION 43,560 160 — 60 25 40 25% Sub-paragraph(b•Apartmenu)amended by adding"and subject to the modification allowed by Sec. INDUSTRIAL 90.000 200 — 60 30 30 25% t Priors specified regulations for an IndustrialDistrict tlon P An 127,approved by the Atty.Gen.Jane 22, 1971. P� deleted and the above regulations Inserted therein by 1973 An 136,approved by the Atty.Gen.June 15, 1973. PROFESSIONAL RESIDENTIAL 7,500 — 75 20 71A 7'/, 25% Professional residential added by 1970 An 105, approved by the Airy. 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 Subparagraph(n 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. r`-long Route 28 (Falmouth Road) in Precinct 3, where the lot Sub-paragraph(g)added by 1972 An 119,approved by the Ally. 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- Suh-paragraph (a)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 tnventy-five qI ack shall be applicable from all streets. (125) feet and a minimum of twenty-five hundred (2500) square feet of Rraph i added by 1974 An 147,approved by the Ally. Gen.July 16, 1974. lot area for each of the first ten (10) motel and/or hotel units. For each SPECIAL REGULATIONS — APARTMENTS motel 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 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• ara h c deleted and new Sub-paragraph c Inserted b 1972 An 120, 10 motel and/or hotel units or fraction thereof. P g�P ( ) PAP I 1 y approved by the 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 or 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 and 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 Ally.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 yard areas shall be appropriately landscaped and adequately shall be established all along the entire perimeter of the lot or group of 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 gns P re q o for a building permit. Said site plan shall show, among other things, all such yard space 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 P g areas and walks) on the lot. perty. There shall be not less than one (1) such space per apartment 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';icrc- I B. Apartment buildings shall not cover more than twenty APPENDIX B — INTENSITY REGULATION percent (20%) of the gross land area of the lot or combination of lots. C. No apartment structure shall be higher than three (3) ; m stories and the height shall be limited to thirty five (35) feet from ground level to the top of the plate. E _ = E n D. No apartments shall be erected nearer to any street line r e r than three (3) times the distance from the ground grade to the top of the plate, or minimum of fifty(SO)feet. Rear and side setbacks shall be BUSINESS N/A N/A 20 20(I) N/A N/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% _ 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 Any. Gen. May 20. 1982. BUSINESS LIMITED B 7.500 75 20 20 71A 7/: — 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 WAY BUSINESS 40.000 160 20 60 30(2) 20 30% driveway crossing that part of such yard space as is bordered by a AGE BUSINESS A 10.000 100 20 10 30(2) 20 street. GE BUSINESS 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 lb0 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 Ally.Gen.June Is, 1973.PROFESSIONAL RESIDENTIAL 7.500 — 75 20 71/2 VA 25% less than two hundred (200) square feet in area, exclusive of the 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 feel"20"added by Jan. 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 elow round be 50'. Recession of old Section M,new Section M inserted by Jan.21,1982,Sp.1$.Approved by Atty.Gen. 2. Side Yard shall be a minimum total of 30', which may be divid- 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 s a residentially zoned area, the 50 foot setback shall include a 25 erected, there shall be a minimum frontage of one hundred twenty-five a re belt. (125)feet and a minimum of twenty-five hundred (2500) square feet of g lot area for each of the first ten (10) motel and/or hotel units. For each Subparagraph (4)added by 1973 An 155,approved by the Ally.Gen.June 15, 1973. motel and/or hotel unit in excess of ten (10) motel and/or hotel units, 5. Front yard setback 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. b. No motel and/or hotel or addition to a motel and/or hotel setback shall be applicable from all streets. 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 I. Apartment dwelling structures may hereafter be built 2r 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 �k,1t 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. unit times the number of such units in the apartment structure propos- d. In addition to one off-street parking space for each motel ed or the conversion of an existing building into mu ti am1 y use. and/or hotel unit, there shall be two (2) additional spaces for each ten Page 17 t1+E e Town of Barnstable ELAM"MU& '+ �m� Department of Health Safety and Environmental Services AtF1659. 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 1;15 Re: .,8f'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.Crossen Building Commissioner RMC/km cc: Eli and Cecille Cohen Q970124B riltle Town of Barnsta le • BAMSrnBZE. • web 1MAM Department of Health Safety and Environmental Services '°TEo Mop" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 24, 1997 Tom Lynch,Executive Director Barnstable Housing Authority 146 South Street Hyannis,MA 02601 Re: 35 Louis Street,Hyannis,MA Dear Mr.Lynch: Please be advised that this property needs Zoning Board action and Attorney Philip Boudreau has been retained by the owner to seek this. We will let you know the results(about 60 days from now)when we know something further. Sincerely, Ralph M.Crossen Building Commissioner RMC/km TOWN OP BARNSTABLE REPORTS LEMENTARY/CONTINUATI*ABEPORT NAME ( , FIRST, MIDDL ) DIVISION /DH i A NOTE DETAILS i BSERVATIONS-ITEMIZE EVIDENCE, SERIAL IS ETC. 3S /0 44S - � �C iA A 2 N 2 fal p S 1 w l PAGE � SUBMITTED BIC, TOWN OF BARNSTABLE REPORT SL LEMENTARY/CONTINUATIOI.TBEPORT NAME ( , FIRST, MIDDL DIVISION /DBP4 n l f2a 710— Ll (CYre" NOTE DETAILS 6 BSERVATIONS-ITEMIZE EVIDENCE, SERIAL OS ETC. 3-5— A 2 N4e!f42 o S ta dL*-r- o c /4 m �s�kvt NiAllu A) c A) n/i 7/0C4 _O �2 O ( CL v0 -1 O O SUBMITTED B PAGE # Barnstable Telephone 508 771-7222 STA ,e� Housing Aut6orlty 146 South Street•Hyannis,Massachusetts 02601 ZONING VERIFICATION TO: Gloria Urenas FROM: Leila R. Bruce, PHM, Leased Housing Coordinator RE: Verifying legal rental unit Date: Address: 5 Village: Unit type: Bedroom size: Map D Parcel No.: The owner of the above listed property is entering into a contract with us for the rental of the property as listed above. Please verify by signing below that the unit'is legal and meets all zoning requirements for a rental in the town of Barnstable. If it does not, please list reason here: Thank you for your assistance in this matter. Signature Print name Date VIA FAX: 790-6230 MRVP section s Rev. 10/96 Equal Housing Opportunity Agency . �..,.:. �'piyyy�(� p� ii iikkk:iiiki:•ik:Qi:Ji:Oiiiii'fikikii::i�::•}:^:Yii:^ishiii}vkkk{ii:i::ii kv.................i�.. ......................::L::•i::vvi:;ti•:itivi:•i:L:::::v:::::n............. ................. .. ....,.`� .��..:�::..;::.B LDIN� ERVI IJ IM ELI COHEN ... ' . OU ST REET �;. ANNIS: '.�: 1�.��.��.:..::�:'••�'.•;:,��'���,:,.<•..'..���'�..�..•:;'�•.••':'•.::�'�::�i: },:y':+.Y:�:�:�^'{`;y :� :;+•`.�:�:�:�'�'i:`':�;: r::�3:':S:::::: :'is�:':%:�i:':::<%.':k:�:�k:�':� ::�:�:�i:fiiii:3i:�:�:2:`•i?: :::::........:...... B.H.A.J��� ::::.:::..................... ............... LEGALAPT.????????;) .........::..:......:.:::. EM 4 ;.:SEAR 1I l QZWeu a to S JOA JL y 1 a Q 1p o x � n r N T �� ? »: T-00h Pic rt4ke L 11-05-1996 12:17PM FROM BARN HOUSIN5 RUTHORITY TO 97906230 P.03 • sarnsta�� g � z, Telephone(508)771-7222 Igo using Authority 146 souffi sue.Hynni�%1Vfu=;h=as=1 ZONING V=111FICATION TO: Gloria Urenas FROM: Leila R. Bruce, PHM, Leased Housing Coordinator BE: verifying legal rental unit Date: Ngvember 5, 1996 Address: 35 Louis St,, Apt. #1 Village: Hyannis Unit type: apartment Bedroom size; l Map D Parcel No.: The owner of the above listed property is entering into a contract with us for the rental of the property as listed above. Please oerify by signing below that the unit'is legal and meets.all zoning requirements for a rental in the town of Barnstable. It it does not, please list reason here: Thank your for your assistance in this matter. Signature Print name Date VIA FAX: 790-6230 Rev. 10/96 Equal Housing Oppor[unity Agency yL • 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 , I 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 Louis 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 boughtit 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,vlicensing 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 compliance . 10) I have obtained the following information from Robert Wh =ty, the Director of ASsessing for the Town of Barnstable . T-e As- sessors records show that a) a five-family structure i- 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 . 00 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 by-law in effect in the 1970 ' s , Sec. M - stated "Apartment dwel_ing structures may hereafter be built where authorized, but only in accordance with the followin requirements , " and then -,lent on to specify lot coverage, setbacks , parking, etc. Note that our structure was built in the 1920 ' s . In 1982 , after we know all five units existed, Sec. M was amended to read "Apartment dwelling structures may hereaft er ter be _Uilt or established in an existing building when authorized c-_y in accordance with the following requirements'. Therefore, prior to 1982 , the zoning by-law did not prohibit establishing apartments in an existing building, and the-,: .didnot 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 1982 . The assessors records show that the basement and attic were finished before 1971 . The structure was a pre-existing, non- conforming use and therefore did not have to meet the setback, parking and other requirements of Sec . M. Paragraph g. of Sec. M- (both the April 2 , 1975 and February, 1983 zoning bylaws) states that no living units will be allowed to be constructed or used below ground level. This was =irst 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 knowledge and belief. Signed under the pains and penalties of perjury , this fourteenth day of April , 1997. William G. Howes III - 2 - Excerpts from the Zoning Board of Appeals Minutes of September 17, 1997 Appeal Number 1997-101 Cohen Board Members hearing this appeal were Ron Jansson,Richard Boy,Gene Burman,Gail Nightingale,and Chairman Emmett Glynn. Attorney Philip Boudreau represented the applicants,Eli and Cecille Cohen,who were present. Attorney Boudreau submitted to the file a memorandum in support of this appeal and explained this is an appeal of the Building Commissioner's Decision.that.the property is not a legal pre-existing nonconforming use. 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: The property is owned by Eli and Cmille Cohen. Attorney Boudreau described 35 Louis Street(Lot 7). The lot lies in the UB Zoning District and is well maintained. The property was constructed over 75 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 5 apartments)since at least July 1980 when the property was owned by William Howes. An affidavit from Mr.Howes is included in the memorandum. Attorney Boudreau discussed the legitimacy of the current use of the property,first looking at the zoning in effect at the start of the use. The 1980 Zoning Bylaw for the UB District 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 unbuilt structures. Attorney Boudreau read the restrictions of Section M of the 1980 Bylaw. 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 when the Bylaw changed in 1982,that 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." The Board asked for description of the property at 35 Louis Street. The total living area is 3,724 sq.ft. The units are 700 sq.ft., 1008 sq.ft.,630 sq.ft.,840 sq.ft. and 546 sq.ft. This is a very large building for this neighborhood. There are only two single family dwellings in the area. The rest of the area is apartment use or business use. Board Member Gene Burman told the Board he remembers that back in the 1940s,both the dwellings(35 and 39 Louis Street)were apartment buildings. He can not specify how many apartments there were at that time. The Building Commissioner does not agree with Attorney Boudreau's interpretation and is of the opinion that before 1982,the Bylaw meant to apply to new construction as well as any change of use. In the Building Department's file is the 1972.Assessor's field card that states the building was a single family. Bearing in my mind Mr.Burman's comments,the Building Commissioner stated that may be an error. The current Assessor's field card states the property is afive family dwelling,but there are no building permits to support that change. Attorney Boudreau reminded the Board that this appeal reflects the fact that the Building Commissioner and Mr. Boudreau interpret the 1980 Bylaw and 1982 Bylaw differently. Public Comments: William Howes reported he owned this property from 1980 to 1995. Prior to buying this property in 1980,he spoke to Joe DaLuz(the Building Inspector at that time)and was told the building was legal for five units because it was in a business zone and predated zoning. Mr. Howes stated that in 1994,before he sold the property,he spoke to Buddy Martin(Acting Building;Inspector)and was told the property was a legal nonconforming use that predated zoning and did not have to meet the current requirements. Mr.Howes agrees with Attorney Boudreau's interpretation of Section M of the Bylaw and is in support of this appeal to overrule the Building Commissioner. No one else spoke in favor or in opposition to this appeal. Attorney Boudreau submitted the case of Murray vs. Board of Appeals of Barnstable however,the Board felt it did not relate to the appeal now before the Board. L The Board took a brief recess to allow the Board Members and Attorney Boudreau time to speak with Assistant Town Attorney Ruth Weil. Upon reconvening,Chairman Emmett Glynn opened Appeal Number 1997-102 and read it into the record. Attorney Boudreau gave the factual information for 39 Louis Street(Lot 8). It was built approximately 85 years ago and has been used as a three family structure since at least 1979. Affidavits were submitted into the file from William Howes, Eli Cohen,and Barbara Megargee. The Building Commissioner reported that the 1972 Assessor's field card lists this dwelling as a two family home. Ron Jansson stated the Board needs to determine 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 asked for the opinion of the Town Attorney for an 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. A motion was made, seconded and unanimously voted to continue these appeals. Appeal Number 1997-101 and Appeal Number 1997-102 have been continued to November 05,1997 at 7:45 PM. NOTE: Appeal Number 1997-101 should be 39 Louis Street Appeal Number 1997-102 should be 35 Louis Street L ] [R309 200 . , J LOC] 0035 LOUIS STREET CTYJ 07 TDSJ 400 HY KEY] 224894 ----MAILING ADDRESS------- PCAJ 1041 PCSJ 00 YR] 00 PARENT] 0 COHEN, ELI & CECILLE V TRS MAP] AREA] HY15 JV] MTG] 9212 35 LOUIS ST RLTY TRUST SPlJ SP21 SP31 84 ROOSEVELT ROAD UT11 UT21 . 11 SQ FT] 2354 MEDFORD MA 02155 AYB] 1920 EYB] 1960 OBS] CONST] n 0000 LAND 38800 IMP 148500 OTHER 1500 3 ----LEGAL DESCRIPTION---- TRUE MKT 188800 REA CLASSIFIED { #LAND 1 38, 800 ASD LND 38800 ASD IMP 148500 ASD OTH 1500 #BLDG (S) —CARD-1 1 148, 500 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #OTHER FEATURE 1 1, 500 TAX EXEMPT #PL 35 LOUIS STREET HYANNIS RESIDENT"L 188800 188800 188800 #DL LOT 7 OPEN SPACE of #S1 07/80 24 $00048000 I COMMERCIAL a #RR 0923 0050 1786 0100 INDUSTRIAL #SR WASHINGTON STREET EXEMPTIONS SALE1I2/95 PRICE] 135000 ORB19959/292 AFDJ I LAST ACTIVITY] 05/09/96 PCRJ Y j. al ;p 'd } 1 ' L 1'` R309 200 . OP P R A I S A L D A T P* KEY 224894 COHEN ELI & CECILLE V TRS LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=UB 38, 800 1, 500 100, 800 1 A-COST 141, 100 B-MKT BY 00/ BY ML 11/87 C-INCOME PCA=1041 PCS=00 SIZE= 2354 JUST-VAL 141, 100 LEV=400 CONST-C 0 ----COMPARISON TO CONTROL AREA HY15 ----------------------------- COMMERCIAL NBHD IN HYANNIS HY15 PARCEL CONTROL AREA TREND STANDARD 301 30 LAND-TYPE 388001 LAND-MEAN +0% 1411001 IMPROVED-MEAN +Oo 500-. ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 n 10001 LOCATION-ADJ APPLY-VAL-STAT 1 LNR] LAND LFT/IMP] ADJS/SB/FEAT STR] STRUCTURE ARR]AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [ ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] n lr t \ R309 200 . P E R M I T [PMT] ACT OR] CARD [000] KEY 224894 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR %CMP NEW/DEMO COMMENT i r ROPERTY ADDRESS I I ZONING (DISTRICT CODE SP-DISTS.IDATE PRINTED CSTATE LASS I PCS I NBHD PARCEL IDENTIFICATION NUMBEg _ KEY NO. 0035 LOUIS STREET 07 UB 400 07HY 01/04/96 1041 : 00, HY15 R309. 20 224894 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS TY UNIT ADJ•O.UNIT Land By/Date sae oimens�on LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE Description HOWES. WILLIAM1. G &DEBORAH G MAP- if CD. - FFDe to/Acres #LAND 1 ' 38 800 CARDS IN ACCOUNT ,_-- 30 3SITE 1 x .11 =10C 490 71999.9 352799.9 .11 , 38800 . #8LDG(S)-CARD-1 . 1.. .. 148IF500 01 OF 01 #OTHER`FEATURE 1. 1.500 cosy188800 �BA%HS 5.0 U X C= 100 1750O.00 17500.0 1.00 17500 B #PL 35 LOUIS STREET'.HYANNIS MARKET 113600 8SMT RN S X C= 100 38.8c 38.8 - .1008 39100 E #DL LOT: 7a INCOME A DETGAR S 20 X 20 1950 E= 38 19.3C 3.66 400 1500. F- #S1 :07/80- 24 S000480.00'.1 USE Di #RR 0923 0050- 1786. 0100 APPRAISED VALUE > Ji I #SR WASHINGTON AVENUE A 1.88.800 V PARCEL' SUMMARY AND 38800 S T I BLDGS 148500 ml O-IMPS 1500 El I i TOTAL 188800 NI N CNST DEED REFERENCE Type DATE Recorded -.PRIOR Y E A R :V A L U E T I _ Book Page Inst. MO. Yr.D sale Price AND 38800 S 3129/279; 00/00 BLDGS' 150000 - TOTAL; . 188800 I t BUILDING PERMIT *ENTRANCE GAINED Number Data Type A-M TO A P T ON MAIN LAND LAND-ADJ INC ME SE SP-8LDS FEATURE BLD-ADJSI. UNITS FLOOR - 1 ATTIC 38800 150 . 56600 APT -' 1 BSMNT cans cpnst. Total vearBwn Nprm. obay. APT.... Base Rate Ad.Rate 9� 1 Age CND. Loc. 46 R.G. Rapt.Coal New Ad' Re 1 Value Stories ,He M Rooms Rms Baths I fie. Parlywall Fat. _ Vnits Units I A 1 Do Conti. D 1 P ig ................ 000 100.100. 70.65 70.65. 20 65 29 66 100 66 225023 . 148500 . 2.5 10. 3 5.0 20.0. ysc plion Rate Sgaare Feet Repl.Cost MKT.INDEX: - 1.00 IMP.BY/DATE: ML y 1 1/87 SCALE: 1/00.65 ELEMENTS CODEJ CONSTRUCTION DETAIL A'S 100 70.65 . 1008 71215 GROSS, AREA: 2354 . FIVE FAMILY:, CNST GPe00 1SB 100 70.65 , 240 16956 ' N *-*--r14=--* STYLE 18M_U_L_T_I FAMILY'_ 0._ 1SB 100 70.65 98 6924 FOP 1SB 7: DESI6N ADJ MT 00 p: FOP 35 24.73 28 692 *---------- EXTER.YAIIS _05S TUCEO G- 825 102 72.06 1008 72636 ! 825 ! EAT/AC.�.TYPE _090ILfHOT'_W_AT_E_R_ _ 0._ ! INTER.FINISH 04DRYWALL 0. i � ! NTER:lA.TOUT fZAVERIN6RMAl`' 0. ! ! NTER at1ALTY _01 86_VE .EXTER. 6 t -28 BASE 28 FLOOR_STRUC_T_ 02WD JOIST7__8_E_A_M_____0._ D W ! ! EFL00R COVE_R__ _01HAR6MO6D _ 0. E TatplArf_aa Aue_ 28 Baaa. 134E ! ! ROOF TTPE ___ _03 AMBREl-_A_SP_H__S_ _0. BUILDING DIMENSIONS ! ! LEC TRICAL 07 YERAGE _ 0._ T BAS. W33. 1SB S08 E30 N08 W30 .. ! ! ' F0UN6ATIONi 02CONCRETE BLOCK 99 A BAS W03:N28 E36 1SB N07. W14`. FOP ! ! --------------- --- ---------------------- W04.S 07 E04.NO7. .. 1 S8 S07 E14 *-,►=-- -- --- ----- ------ - 33-------*-X: COMMERCIAL`NBHD= IN HYANNIS HIffS BAS S28 .. 825 N28 W36 S28 8 8 LAND TOTAL MARKET E36 .. ! 1 S8 ! PARCEL' 38800 188800 *--------30-- ----* . AREA VARIANCE +0 +0 STANDARD 50 3Ke+�m.g'�z„"',"r.';""'Y"""r'""'"" .r. _..^ -•- _ _.. .. <..-W"-Y"a"-- -- -'w ----e ..--1D,,, y.w..e..,_. .,..,r-,.--,ir,ypµ..... - -.,.w..w�.+:wt�+.r..�.-,r, r......s......: s " :s':. f sJ.T ��'h^�. - •f -..,.�..,•<:. �•. ✓=r ,r.:;F '{, �.' ;i ,yv a``+�5'„""�^��i,*" 1. .. --" °"'Y! #�u :" - r •r s `Y+'' '•,x'� Y feu a. ;.RESIDEN_ TI'AL .P,,ROPERTY -1MAP•NO'c :LOTNO ».. y. .. ,, v,; .a. +•xavr7d" ,u»;•,r I.RE`DISTRICT, STREET = e v f`, ; ' t 35 Louis St, w, Y _. :F ..a? i - `g�'' ram, �.nTl�. e2.Y=w..3o7•r:.j?..� `.s'k s 'a ;2 :, _ - T... •dx:+_ ,'.. .�,.. .tRTP .-„, ....,`t;: ,., ...�...: ... ,�... _. .,..., � „.-�'.�. r. � LAND:"'.. d t4 _ .:- .`Y k;. "T7 ram•- .<,a•- .,tee' 5:�".+3.,.,,s„_, .�._. . ,,k" �,;.;a,r ::' s--»:-. k ._,.r.•.w.•r... «w �i k.a t.` ... - ?. rtF` � 0'+�T.9 -. +.'. "! ..:.,",.d'(... ;• +!'..... :,... r y""¢ ...,, "S"".:,;., -'Y ea ..•,.. -„"<:. -"tom�;d r +. 'K -+ 7�; •�`r�',x::- .K-�a.' ..n ...:`f,j Asa,,,,, w,t:'. p.� a +r ep d,.•'- t• y�,-: r�'" ...;...;.... Y•. h.. ..15. 't`�;„1,'�. ,.� d<. s .,+•.w a•�'...A�i w'tt.'�; ts w, ^-*".," •;C•,.'�.. .as.,,"�j...,, 3... s,::;-f.:..J•. '�. �+.:..:• Ga, ,,. .,. ..';,xr,.. ^BLDG �.: ,. _�r ... � ae,...�,r,�rt-, .t*C.,� ,�,,..,s �.f. :`a:•w�... ,r kf .< .�. ;s s_,� ,a, � - - .. ,,..�.... -.. *n. .{. - --.. _� '� «, �•a ^„F rl�+,�'r' ^.n "a y^ r ;.: •TOTAL^` dYs'fi-rr"°'3: Ri ;. RECORD. " OF:TRANSFER ,, t: ^'r. 3,} ,.w a a J - 2. ,, x x .+ . .t. DATE -:.g' ..'�- 'O t' ? R*x;.:. .: r 3.< s LAND` »....., _.a i. .i ...,....,/ x."�...,..:. _. ' ,:nr K ,:PG:r c .;1 R S , MARKS' 7 s- tx �•_k r .,:.;.y .2 •T";'•x a �,n>f:, .... - E"'` ,yy� yt,. BLDGS`- _ ;sue� t�,; „"......„ ,z�•:,rs .,.:,•.w_. ,;. .ye, ,tea; - - - -. f.�.w.v.,:. "use r r: 3 - k � S'e ;� c" LAND ``� � >t •-e`^x' .1,-1.�• _t:.sl 'yi3ye- r i' •`� '.k.s3 '$•.• L 1' ✓ .i.g _ v-s • BLDGS`,, A w a< „!•: .. ..:>:. •a� eh^..,. 1' "1r,�"''xI°":" :Y,"5' M .yw„�L ''vu �.•y 4 '.+5 t ""£ E,.�y - ,;co-. .,,... a• ,r,. ..`. -'-. _ r "TOTAL :A-_e�f-...,. ��._.. x"3.cYa:i'nY-r�-:. ,--.'. :' -T..- ..,. �:1..� 'e• �BLDGS x.r 61;5�7 96 102 TOTAL. am «FP { r s Wi l lei amp _ Deborah°�G 7'-.29. .80 ' 31:29 27.9`P u�ND�, _ - ,�- %BLDGS N4 1�•-F�-'�R \�J ,J7 G: _,_'"ti. -.'..v s n..�• ,.'.,. _ a.... `�"T07AL ,,,r,..,.., a: k . �, •a r« ,'w+ .,+... '.LAND s- 1RS�© N.S z IM_1..� �"-.w°�5 M -_. : ' - r _> •�; �;° h�/ .. y r• ok" BLDGS 3 a 1 —1 q S 2 - TOTAL' , z BLDGS .,•3 ti,-_ -... .... •+�,.. a: ;s ..,,rt„ .?ax'... ',.:J a✓*:. .r.. .a�-, t ..,.:� :. . ,. f r w x.,�•; ".t.', +'w `"°s `,s '•'� �T +as -. , ._.. _ oraL iNTERIOR;,INSP.ECTED £: LAND •• Y DATE: , ,w, t/� ,•=. rc �,,.". " V BLDG -,TOTAL ACREAGE-COMPUTATIONS, ' LAND c r 5' S' BLDGS:' M s ':'LAND'TYPES:-- y #OF:ACRES 'PRICE S t a AO _ 1 _ 'TOTAL. .-DEPR. :VALUE' :. _:- LOUSE LOT TOTAL :LEARE e O. D FRONT z a y # Y LAN D t w' s ±• t, `BLDGS. TOTAL xv ' d VOO PROUTFRONT �•- x :�, � v- , r:. REAR Y . •LAND �, { /ASTE FRONT BLDGS. n :: TOTAL .. LAND a , BLDGS :� .TOTAL ' w x d r BLDGS.' - -'cLOT`COMPUTATIONS " FRONT, DEPTN STREE7 PRICE DEPTH% FRONT Fr.PRICE 'TOTAL•' ,_ DEPR. COR. INF. LY e VALUE , . �d W - RSEWER MLANL AND FACTO V s �. TER �. HIL y ROUGH a Y <. TOWN p^�-. +:;� x u ._.; .a , . �[ w,•tt�_t,>,,.. ."•._ �,F .,' ..r3 :, x* .n «e HIGH GRAVEL RD.' s. �. S.S�-� n�M fie':. 1d-t d f y aF +'"d s . DIRT RD.. '+' i. 'I».,;. `' t`„ ss.:e 'LOW _SWAMPY �, NO RD - ��. x,f<• � c.. ..+.. x -�»,.•..., .� a. ;.,-t.:••�,. a.,:#«.�. e; . ,:..-,.,e.a; -z.,, - _ .�....>.,,,.,f.3,=�1,` zi}K•. �++'�. t•. ^br o F-'c .. ..s'�-,...._ yy..yy,,[[ o .w e{"•n-7yy i }��CIt +� _. 4?aa' .4.�k. 5fi w. .Y+:K-rI '..y .}... .,..�'_ ��:J ,. w. ..[ 7.`� _� • .,_. m ..CDR.,�- �t �_ ,'�.'", 'e �� '�: x G:.� �t ,� 4,,T,'.Y�'4 "'L' .'.X.�..... .f� „"4R'3,,,.�,fi,.r.;:4 'Y.' Y:'�5X^w .+�'r 'i.d4{'?rtr1 : ' r -� ��'�,.� "' TOWN OF BARNSTdABL"'•E�.iMi45S:r £" � --�--- �-- `-">..._.�`.:.;;,..�,,,,�.:.._'.�,s:�::.-�3»a--•�,�,„_,._���" s «h"::�' ��.aT.�. ..�+. .fix,s�arso�or�k:o., �z �—�' —_•_�`---.°a.--- ---- "',;,,'PLUMBING - rx ..i'zd �•-�. 'i ..+ ..'v"'k - t' 6r i.. G '- ax E'Y".x.-?a,F..; ;. r ._ PRICING,.•e:z 'r> F{ t - z t ,�: .. ' FOUNDATION aBSMT: & ATTIC _... s^-... °:LAND COST' - 4# - = »'���P Fin;.Bsmt:•Area• BLDG COSj _ xs r 0'I "i<_ s :c,_ a 6 JGl - � ,..• howenBath .-t, ., a* c.. t s i s_ - a Its r Bsmt,Rac.Room -, ,st:one:;Blk:.Wa .. _ . , ,._... ..,,, :.„ F :«: � .:Coot.Slab_. - s .^. Bsmt.Garage St. Shower Ext. Walls 2 ' . , _ _ ..� + * PURCH PRICE Toilet Room . ? r' Brick Walls '- Attic-FL&.Stairs RENT Roof Stone Walls Fin..Attie a Two Fixt Bath f' Floors A&J. - CGLjr. l/ INTERIOR FINISH Lavatory Extra x- '-•' - -Piers = _ Bsmt.• - - F 1 2 3 Sinks- , • a/�a. :1/z:.., .: r/�': Plaster ':; .. r, Water CIoExtra:, �r 1 F EXTERIOR4WALLS Knotty Pine Watei Only • Doubl'eSiding' Plywood No Plumbing Bsmt Fin -i- '/S�S W'P6./✓6L Single Siding Plasterboard Int.Fin. T,; 1�. 9 ` Shingles z TILING. E ; Qr' l✓f?9 T _ Conc Blk: G F' P Bath''FI Heat a u. ✓ Beth FK&Wains: u Face Brk.On Int.Layout- Aato Ht.Unit' __. Veneer. ' 'r Int Cond., Bath FL:&'Walls" Fireplace G l Com"Brk.'On. ,J HEATING ToilatRm FL.°F, ` _ =' ,t$ ��D_,O + ':' Plumbing d '` Solid Com:'Brk Hot Air Toilet Rm, &Wains/ ' Tiling Steam• Toilet Rm.Fl.&Walls Blanket Ins" Hot Water' /�' St.Shower - s R60fr Ins Air Cond. Tub Area Total 36 +: Floor Furn. - '- g ROOFING COMPUTATIONS t `Asph Shingle Fipeless Furn. Wood Shingle No Heat I-AsbsShingle _ Oil Burner {; ' .`• u Slate Coal Stoker a D S.F. S� V =Tile r. Gas- 5.-� `;OUTBUILDINGS S.F.` ROOF - - - - 3- TYPE Electric _ 7 8 9 10 MEASUR `Gable Flat x S.F. . 9 10 Floor E _ .t � _ 'Hip Y ..; ,Mansard ::FIREPLACES ' .,.. - Wall Found 0 .H Door ` + 2 3 4 5 6 7 8 Fire lace Stack ,.;x ,., - �: _ L'ISTEI Gambrel ;, p r " FL'O RS"� Fireplace, SHIeSdg z RoIlRoofing� / • .jConc ._'e-LIGHTING _;: _.. :u,,. _ - Dbl_e Sdg _ _ - Shmgle_Roof. - Eerth No, e I'- j � �. �.M'DA7E :-Pine Ingle Wal s Plumbing Shingle 1 �• Cement Blk Elecfr = ' Hardwood h- r r{ «� ROOMS z ^Ei 4 Asph .Tiler€, E mt.i` / 1st y•-)T TOTAL _ 37 .8 Bnck Y. j Int-Finish,' d +J- 3rd FACTOR n - _ :yv,:...: p .a+:-., r-- <.. ...'• rf . •:.�.r t.- M .:+.�.-. :. .... �. - x;.. ?'.',- - _'.W'. _�Lj .} - -RE - - - �U _ �:nw 3 MODS .T - r ... }`: "• .' - '.-' 1 ..-,,SIZE. - -.� EA -> 'CL'ASS - i4GE t` REMOD: -C D.`, ',},'REPL. VAL. '.• Thy Dept-. ;PHYS:+`YVALUE Funct:,Dep. ACTUAL VAL. .�r"'a'.• w.r OCCUPANCY; ' - _.CONSTRUCTION,>.,�._ a . ,-+;_, _ AR r- .liw G :> 5 . �� r ?: +. .r39':�. vZ7i /9 U. , „ y 4( C 1 1 �"`4:A t t., .0� �,` ��_ W. r. _.;� ,.�. '' .b>"X.�/:�• .9 E. r r �.0. -'.�- ~.'S�:/.;� � .c��/ y:..' � r:�/ .�. pr._ :. .. �� .:. .. � ..: a^. �. �.. 5 -.,,,x• x+C: .,-.3:. .F; - .at^ ....o!� "as.`".'s v. y x �j'."�.1; T»,"'S2• -�.;Y" .. R,. :.'�'X"�--r-d. .k 3'l'. j,�8 ,.:.r.- yin »�.. '�; `�,„q +c�,._r.. -�r s 'n.-'!` t°-, � _ y.:. rn. Yy..m,,,«, _ �.xn • - - 'v:, _ i"x. xi t' .M .Y�Y. �•'i.h - I�..: i ....r.v y'4 -_-,.r`...P.- _ ��k � r_ #,, '• ) � _ $if,r6 n,.� "`..-i,#'_f`�•--°'4,q.! >+ sue ....:. ,.... ..,,.,. a.. .. .ter:. r, x .: ♦ .:: !.-4.- _ dr Y a r.`a -`•l'. ".i nv. ..a -.,.:42i (`4i1•..:v...: ..-':- .. :C. :...h:_,. ... a;...-.y,.1":.hi, ?-.-, ..- L T _:... f L: ,R. rT� Y- 4 t , , Ji,,y.: ...•.nuA vt1- A m �� E - -firLY� S L w`.S'�..."s'Y _ ♦'�' - -