HomeMy WebLinkAbout0697 SCUDDER AVENUE - MISC STREET FILE 0
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Town of Barnstable
yP�°FTNE T Planning & Development Department
Barnstable Historical Commission
* BARNSTABLE, *' 200 Main Street, Hyannis, Massachusetts 02601
9qj 1639; ,0� (508)862-4787 Fax(508)862-4784 0`-'®0��
ArED PAA�A erin.logan@tow n.barnstable.ma.us OF BAR,,
Commission Members
Nancy Clark,Chair Nancy Shoemaker,Vice Chair Marilyn Fifield,Clerk
George Jessop,AIA Cheryl Powell Frances Parks Jack Kay,Alternate 29 NAR y21 Pml:43
DECISION BAR STABLE TOWN CLERK
Summary: Demolition Delay Not Imposed Pursuant to Chapter 112 Historic Properties,
Section 112-3 F
Applicant/Property Owner: Dunbar Point,LLC
Subject Property: 697 Scudder Avenue,Hyannis
Assessor's Map/Parcel: 0287/062/000
Hearing Date: March 16,2021
Pursuant to the Barnstable Historical Commission receiving your notice of intent on January 14, 2021, a duly
advertised and noticed public hearing was held on February 16, 2021 and continued to the March 16, 2021 to
determine whether the significant structure identified as a guest house structure on this property is a preferably
preserved significant building and whether a demolition delay would be imposed for the partial demolition of this
structure on the parcel addressed as 697 Scudder Avenue, Hyannis.
After review and consideration of public testimony, application and record file, the Commission, by a unanimous
vote (Clark, Shoemaker, Fifield, Jessop, Powell, Kay), found that the actions proposed do not constitute a
substantial alteration and would not jeopardize the historic structure's status as a contributing structure in a
National Register Historic as defined in §3 of the Cape Cod Commission Development of Regional Impact Review
Threshold.
In addition, after further review and consideration of public testimony,application,and record file accordance with
Chapter 112F, the Commission found, by a unanimous vote (Clark, Shoemaker, Fifield, Jessop, Powell, Kay), the
partial demolition of the guest house structure is not a preferably preserved significant building.
In accordance with Chapter 112-3 F, the Commission determined by a unanimous vote (Clark, Shoemaker, Fifield,
Jessop, Powell, Kay) that the partial demolition of the guest house structure would not be detrimental to the
historical,cultural or architectural heritage or resources of the Town.
This decision applies only to the demolition described in the notice of intent submitted on January 14, 2021. No
future demolition shall be permitted without application and approval from the Barnstable Historical Commission.
7LeAC/�- C&U
Nancy Clark,Chair
cc: Brian Florence,Building Commissioner
Ann Quirk,Town Clerk
Planning&Development Department-Elizabeth Jenkins,Director
7/29/2021 Town of Barnstable,MA Ecode360
Town of Barnstable, MA
Thursday, July 29, 2021
Chapter 240. Zoning
Article VIII. Nonconformities
§ 240-91 . Nonconforming lot.
A. Separate lot exemption. Any increase in area, frontage, width, yard or
depth requirement of this chapter shall not apply to a lot for single- or
two-family residential use which at the time of recording or endorsement:
(1 ) Was not held in common ownership with any adjoining land; and
(2) Had a minimum of 5,000 square feet of area and 50 feet of frontage
or the minimum frontage requirement for the zoning district in which
it is located; and
(3) Conformed to the existing zoning if any when legally created; and
(4) Was separately owned at the time of every zoning change which
made it nonconforming.
B. Common lot protection.
(1) Any increase in the area, frontage, width, yard or depth requirement
of this chapter shall not apply for a period of five years from the
effective date of the change, to a lot for single- or two-family
residential use that:
(a) Is held in common ownership with not more than two adjoining
lots; and
(b) Had a minimum of 7,500 square feet in area and 75 feet of
frontage or the minimum frontage requirement for the zoning
district in which it is located; and
(c) Was recorded or endorsed on a plan that conformed to zoning
when legally created; and
(d) Conformed to applicable zoning requirements as of January 1 ,
1976.
C. The protection afforded by Subsection B shall become vested upon the
sale or transfer of the lot so protected into ownership separate from that
of adjoining lots or the building thereon of a residence.
[Amended 1-20-2005 by Order No. 2005-039]
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D. Approval-not-required plan protection. Any change in uses permitted
under this chapter shall not apply to any lot created by a plan endorsed
by the Planning Board as a plan not requiring approval under the
Subdivision Control Law for such period of three years from the date of
endorsement, as provided by MGL Ch. 40A, § 6.
E. Subdivision plan protection. Any change in this chapter shall not apply to
land shown on a plan under the Subdivision Control Law by a duly
submitted and endorsed definitive subdivision plan, or a preliminaUeight
plan
followed within seven months by a definitive plan, for such period
years from the date of endorsement, as provided by MGL Ch. 40A, § 6.
Any legally created lot with a recorded release from covenant of the
Planning Board that has been sold or transferred into separate
ownership and control from any adjoining lots within eight years from the
endorsement of the original subdivision plan shall be exempt from any
dimensional or bulk zoning changes and shall not lose its status as a
single buildable lot under zoning.
F. Merged lots. Except as otherwise provided herein, lawfully
nonconforming lots that are adjoining and held in common ownership, or
under the control of the same owner, shall be treated so as to conform so
far as possible with the minimum area requirement of the zoning district
in which they are located. No lot so merged, or portion thereof, may be
changed or transferred in any manner that will increase the degree of
nonconformity unless a special permit has first been obtained from the
Zoning Board of Appeals. No such special permit may create any
additional buildable lot(s).
G. Resource Protection Overlay District.
[Amended 10-26-2000]
(1) Any increase in area, frontage, width, yard or depth requirements of
the Resource Protection Overlay District shall not apply to a lot for
single- or two-family residential use which immediately prior to
November 16, 2000, either:
(a) Conformed to the applicable bulk requirements of this chapter
immediately prior to November 16, 2000: or
(b) Immediately prior to (on the effective date of this chapteV
was
protected from the applicable bulk requirements this
subsection by the provisions of § 240-91A, B, C, D, or E of this
chapter.
(2) This protection afforded by this subsection shall be permanent.
H. Developed lot protection; demolition and rebuilding on nonconforming
lots. Preexisting legal nonconforming lots which have been improved by
the construction of a single- or two-family residence which conformed to
all provisions of the zoning ordinance or bylaw at the time of construction
shall be entitled to completely demolish the old residence and construct f I
thereon a new residence in accordance with the following.
[Added 11-18-2004 by Order No. 2005-025111]
(1 ) As-of-right. The proposed demolition and rebuilding shall be
permitted as-of-right on a preexisting legal nonconforming lot that
contains a minimum of 10,000 square feet of contiguous upland,
q 9
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provided that the Building Commissioner determines that all of the
following criteria are met:
(a) The proposed new structure conforms to all current use and
setback requirements of the zoning district it is located in;
(b) The proposed construction conforms to the following
requirements of lot coverage, floor area ratio and building
q ,9 9
height: '
[1] Lot coverage by all buildings and all structures shall not
exceed 20 Yo or the existing lot coverage, whichever is
greater;
[2] The floor area ratio shall not exceed 0.30 or the existing
floor area ratio of the structure being demolished and
rebuilt, whichever is greater; and
[3] The building height, in feet, shall not exceed 30 feet to the
highest plate and shall contain no more than 2 1/2 stories.
The building height, in feet, shall be defined as the vertical
distance from the average grade plane to plate.
(c) Further expansion of the rebuilt structure must conform to
Subsection H(1)(b) above.
(2) As of right: merged lots each containing a minimum area of 43,560
square feet of contiguous upland. Where, immediately prior to
November 16, 2000, two legally created contiguous lots each
. 9 Y 9
containing a minimum area of 43,560 square feet of contiguous
upland were: (a) located in the Resource Protection Overlay District
and (b) held in common ownership and (c) improved by the
construction of one single-family residence, including accessory
structures which occupied both lots, each said 43,560 square foot lot
may be treated under these provisions as two separate buildable
lots, provided that each of said lots conformed to all the bulk
regulations of the zoning ordinance immediately prior to November
16, 2000, and as long as the other requirements of § 240-91H(1)(a)
through (c) above are satisfied.
[Added 5-7-2009 by Order No. 2009-099]
(3) By special permit. If the proposed demolition and rebuilding. cannot
satisfy the criteria established in Subsection H(1) above, en the
Zoning Board of Appeals may allow the demolition and rebuilding by
special permit, provided that the Board finds that:
(a) If the proposed new dwelling does not comply with Subsection
H(1)(a) above, then the proposed yard setbacks must be equal
to or greater than the yard setbacks of the existing building; and
[Amended 2-17-2005 by Order No. 2005-058]
(b) All the criteria in Subsection H(1)(b)[1], [2] and [3] above are
met.
(c) The proposed new dwelling would not be substantially more
detrimental to the neighborhood than the existing dwelling.
2
d This section shall only apply to Subsection H( ) to the extent
( ) that the proposed demolition and rebuilding cannot satisfy the
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criteria established in Subsection H(1) above and shall not be
available for relief from any of the other provisions of
Subsection H(2).
[Added 5-7-2009 by Order No. 2009-099]
[1] Editor's Note: This order also redesignated former Subsection H(2) as
Subsection H(3).
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Town of Barnstable *Permit# �56F
Regulatory Services Fee 6momths�// %e
+ BARNbTABIE, •
s Richard V.Scali,Director
' p P- Building Division
Paul Roma,Building Commissioner
OCT 2 9 201
200 Main Street,Hyannis,MA 02601
n n 1 L- A B L c www.town.barnstable.ma.us
Office: 62 3 1Vt7 t1D C Fax: 508-790-6230
EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY
Not Valid without Red X-Press Imprint
Map/parcel Number r,> _
Property Address 697 SCUDDER AVENUE
®Residential Value of Work$21,800 Minimum fee of$35.00 for work under$6000.00
Owner's Name&Address GRIGGS, ELLEN W TR
1280 WASHINGTON STREET UNIT 401 BOSTON, MA. 02118-2151
Contractor's Name Anatoli SivitSki Telephone Number 617-710-1001
Home Improvement Contractor License#(if applicable)168043 Email: capecodinc@gmail.COm
Construction Supervisor's License#(if applicable) 106040
❑Workman's Compensation Insurance
Check one:
❑ I am a sole proprietor
❑ I am the Homeowner
® I have Worker's Compensation Insurance
Insurance Company Name AMGUARD INSURANCE COMPANY
Workman's Comp.Policy#R2WC918542
Copy of Insurance Compliance Certificate must accompany each permit.
Permit Request(check box)
® Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to S&J EXCo, Dennis
❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof)
❑ Re-side
❑ Replacement Windows/doors/sliders.U-Value (maximum.32)#of windows
#of doors:
•Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.
***Note: Property Owner must sign Property Owner Letter of Permission.
A copy of the Home Improvement Contractors License&Construction Supervisors License is
required.
SIGNATURE:
C:\Users\decollik\AppData\Local\Microsoft\WindowsWletCache\ContenLOutlook\L7U69LF2\EXPRESS(2).doc
01/25/17
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+ =ARN9TABI�, •
MASS. Town of Barnstable
Regulatory Services
Richard V.Scali,Director
Building Division
Paul Roma
Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-8624038 Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
I, Eileen Griggs ,as Owner of the subject property
hereby authorize Anatoli Sivitski to act on my behalf,
in all matters relative to work authorized by this building permit application for:
697 SCUDDER AVENUE, HYANNIS MA 02601
(Address of Job)
10/29/2018
Signature ofOwner' Date
Eileen Griggs
Print Name
If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on the
reverse side.
C:\Users\decollik\AppData\Local\Microsoft\Windows\lNetCache\Content Outlook\L7U69LF2\EXPRESS(2).doc
01/25/17
Barnsta e *Permit _�
Town of b
Ex�r�res 6 months from issue date
Building Department Fee
, xsTes r Brian Florence,CBp 1 41
�
v M"gsR� ilding Commissioner '16 J v(J
�iOtEo . WWI
► Street,Hyannis,MA 02601
www.town.bamstable.ma.us
2 3 w.town.barnstable.ma.us
Office: 50846 MI O�UHti'VS Fax: 508-790-6230
EXPRESS PERNUT APPLICATION - RESIDENTIAL ONLY
Not Valid witho I .Red X-Press Imprint
Map/parcel Number �r �/�L,�/
Property Address f0? 7 • �L.�w�j ��0 R t
Residential Value of Work$ 4DD-b. 40 Minimum fee of$35.00 for work under$6000.00
Owner's Name&Address 941 EA) Cat eV
I
Contractor's Name Azoez av!I Telephone Number , 0 �iY'S^ OPP<
Home Improvement Contractor License#(if applicable) ! 7 �d Email: dq?
Construction Supervisor's License#(if applicable)��O/A r 106 9
❑Workman's Compensation Insurance
Che e:
Ljjrl am a sole proprietor
❑ I am the Homeowner
❑ I have Worker's Compensation Insurance
Insurance Company Name
Workman's Comp.Policy#
Copy of Insurance Compliance Certificate must accompany each permit.
Permit Request(check box)
❑ Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to
❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof)
❑ side
Replacement Windows/doors/sliders.U-Value (maximum.32)#of windows
#of doors:
i
*Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.
***Note: Property O er must sign operty wner Letter of Permission.
A co e I rovement ontractors License&Construction Supervisors License is
re
SIGNATURE:
QAWPFILESIFORMSTMESS2017
t uwH tit narHaiau><c
4 F_tHE T Building Department r
Brian Florence CBO
' Building Commissioner j
`+ RARNSTABL% f
v� MASS. ,�$ 200 Main Street, Hyannis,MA 02601
ArEn 39.. a www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
OWNER LICENSE EXEMPTION'
HOME.
Please Print
DATE:
JOB LOCATION:
. number street village '
"HOMEOWNER":
name home phone# work phone#
CURRENT MAILING ADDRESS:
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 not possess a license,provided that the owner acts
as supervisor.
DEFINITION OF HOMEOWNER
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
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person who constructs more than one home in a two-year period shall 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 Department
minimum inspection.procedures and requirements and that he/she will comply with said procedures and
requirements.
Signature of Homeowner
Approval of Building Official
Note: Three-family dwellings containing 35,000 cubic feet or,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.
MMIF
r °FINE ram, Town of.Barnstable
ti
° Building Department
* '" M
i+sAES. Brian Florence., CBO
Ass.
v�Ar 1639' a`�� Building Commissioner
Eo��
200 Main Street,Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Property Owne ust
Complete and Sign his,Section
If Us i A udder
as Owner of the subject property
hereby authorize to act on my behalf,
in all matters relative to work autho d by this building permit application for:
(A dress o Job)
**Pool fences and alarm are the resp nsibility of the applicant Pools
are not to be filled or tilized before ence is installed and all final•
inspections are per f ed and accept
Signature of Owner Signature f Applicant
Print Name Print Name
Date
Q:FORMS:OWNERPERMISSIONPOOLS
Rey:10/17
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Assessor's map and lot number7 4S7 7 — 1'� ?lr... /��(/ �/
OA I /lc-/' -: �—' / / 9 F THE
Sewage Permit number .................. ....:............................... SEPTIC SYSTEM MUST 8E
} ° INSTALLED IN COMPLIANC. "= 3musTODLE.
Hose number .................................. WITH ARTICLE 11 $TATE '°o 039.
......................................
' SANITARY CODE AND TOWN �CYPY��
TOWN fOF BARNS , CLE
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_ BUILDING INSPECTOR
APPLICATION FOR PERMIT TO .........Q,E.�D„!� �L
.............................................................................................
TYPE OF CONSTRUCTIONn !ham
................... ......................................................
�/.............19.3
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit
according to the following information: L�
Location ....... .:.... ..... .. ....... .... .d`�g....... G!��R.. .r�7" ........ r .... �� '7...`.................
ProposedUse .................................................................................................................................................. ..........................
Zoning District .......................................Fire District ................ .. .... ....................................................
..................... ...
Name of Owner Ny��R�.....T � �'L�..^�--: . ..Address .Vf, ...............................................................
Name of Builder /,TJ4R.SP ....Y"?dlC/a/ � � /� �T........�/✓:..,�.........�: .......... ..............Address .. .............................
Nameof Architect .......... .......................................................Address ....................................................................................
Number of Rooms /Lec,,�.............................
L/.......................................:Foundation .. O A. TX...........
Exterior 'J..N.LaF-t Roofing .......... �A�/ .tti-4s ...............................................
.................: .......................................
�+ ,P ......................Interior ........Hrh`6�� K
Floors !p............................... .........................................................................
.............................. ..
Heating ...............H.4 .r.��TElZ.77�...6.e ......................Plumbing ......�...TJ....iH....................................................
Fireplace ..:................!.SS.......................................................Approximate Cost ."`�,?.3;oe� ..............................................
Definitive Plan Approved by Planning Board ---------------____-----------19________. Area ...1Q.Q.:-J!101A......................
Diagram of Lot and Building with Dimensions
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Fee .......... ... .... ...........
SUBJECT TO APPROVAL,OF BOARD OF HEALTH Od � /a
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I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
�.
Name .. ........................... ..................................................
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Griggs, Mrs. 'Derrell
l
-200461- remodel dwelling: " a
No .................. Permit for ..^..(.-.'.......... --
.............�.,ly � .. -
"Cre' r Ave.
Location ........................................ ...Hyannisport f
Mrs. Terrell Griggs :h
Owner .................................................................. 3
Type of Construction frame......... ....................
......... .................................................... ..........
Plot , r
......................:..... Lot ............................ !
a
January 4 79
Permit Granted ..........................19
Date of Inspection ....................................19 s
1 ,
Date Completed ......., G...................19
PERMIT REFUSED
................................................................ 19 I
...................:.....................................:................... ;• - .
................................................................................
. ................................................................................ -
............................................................................... '
Approved ................................................ 19
' ...............................................................................
..............................................................................