HomeMy WebLinkAboutApp# 3491 Appeal DecisionCommission address: P.O. Box 279, 160 Bassett lane, Hyannis, MA 02601.
FOR APPEA!. FILING PROCEDURE
SEE ARTICLE III, SECTION 5 & 5 DOCKET NO...._..
OF THE RULES AND PETITION FOR APPEAL
REGULATIONS. DATE FILED .._.
Please type or print (for official use only)—
~ '%_Old d'jig's Highway- Regional Historic District Commission
0RMEE- First 1 District courthouse. Barnstable, Mass, 02630 Telephone- 6173624092
ROGER 4 RUTH BIBACE
_._�..._.----........__...__....__._w..Appellant---------------------- ---- - �
MAR 2.7 1990 vs.
YARMOUTH
Town Historic District Commission
1. This is an appeal from the above listed town committee's decision (a copy is ottoched) on
Roger & Ruth Bibace's `s application for additian�a lteration
(applicant) (project)
located at -100B Wharf Lane, Yarmouth Port, Massachusetts
dated . I.. February 1990_____ .. and 4joxovilWdisop proved) by the town's historic district committee on
20 March 1990 ----- and filed on ?1 _March - -. ...............
1990
-------------------------------------
date date
2. The reason for this appeal is: _ Land area for the proposed additionis limited by the
environmentally sensitive nature of the site. All other potential solutions to
the problem would be inappropriate to the neighborhood and to the existing house.
Visibility of the house from existing ways are demonstrably limited.
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(if further remarks are neederi, attach addiiiona, 3'.1 x I I Ineem)
3. The relationship of the appellant to the subject of appeal is that of 422licant_..-
.w
• �(appllcant/abutter/other aggrieved party} .._.._._. .......... •- .._.r.__.._......_....., .......
4. The remedy sought by the appellant is ..reversal, to tows committee's decision,
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(reversal to town committee's decision/annOmint of tow•i committees decision/remand application to town committee)
5. 1 hereby certify that I have given notice of this appeal w own Committee & applicant, if different.
26 March 1990
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date signature of WpWlJIXXcK designated rep.
Appellant's Address .2g. Pomona_ Road, ,1+`orc�ster,__ MA 01642 ... Tel. Number 755-8318
Also include name, address & telephone of designee if appellant is not self -represented.
Peter G. Brown-,. Architect, Brown i, Lindquist{ ... Inc_,. 926 Main Street,
Yarmouth Port, MA 02675 (508) 362-2727.
Must be filed within 10 Days of filing of decision with Town Clerk
?Ipy-I,�s ki.;., ;.i
Old King's Highway Regional Historic District Committee
in the Town of Yarmouth for a J 4?I
CERTIFICATE OF APPROPRIATENESS
Application is hereby made! ri triplicate, forth eissuance of a Certificate of Appropriateness under Section 6 of Chapter 470,
Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings or photographs
accompanying this application for,
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CHECK CATEGORIES THAT APPLY:
1. Exterior Building Construction: ❑ New Building n Addition V Alteration
Indicate type of building: M.House ❑ Garage ❑ Commercial ❑ Other
2. Exterior Painting: ❑
3. Signs or Billboards: ❑ New sign ❑ Existing sign ❑ Repainting existing sign
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4. Structure: ❑ Fence O Wall ❑ Flagpole 0 Other
(Please read other side for explanation -and requirements). --> N
TYPE OR PRINT LEGIBLY gy�TE 21� Febrry 1990
ADDRESS OF PROPOSED WORK 1QQ5 hharf Lane Yarmouth Port c
ASS1�50RS P N0. 108
OWNER ba a ASSESSORS LOT NO., E5-4
HOME ADDRESS 29 Pomona Road, Worcester, MA 01602 TEL, NO.
755-8318
FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public
street or way, (Attach additional sheet if necessary).
1 Ronald C. Perera, 114 jVharf Lane, Yarmouth Port, MA 02675
t John L. 4 Dorothy E. Marchildon, 100 Wharf Lane, Yarmouth Port, MA 02675
s Mendell & Vivian McKenney, 18 Gilmore Street, Raynham, ?CIA 02767
AGENT MR V)tPA=A1 Drown & Lind uist Inc. Architects TEL.NO._362-2727
ADDRESS 926 Main Street, Yarmouth Port, MA 02675
DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done (see No. 8, other side), including
materials to be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and
proposed locations of new signs. (Attach additional sheet, if necessary).
*Enlarge existing deck
*Add shed dormer on second floor for bedroom i
*Replace existing windows with new
*Construction 61x9l deck off master bedroomSigned X ti r?s� f{PE3i 5]E-Agent
Space be lin8 or ommillee use.
Received) by H.D.C.
Date
i IRS' Time
By
Approved
Disapproved
❑ IMPORTANT: It Certificate is approved, approval is subject to the 10 day appear Deriod
provided in the Act,
I Please return lo' Yarmouth Hrslorlc District Gomrnittee
Town Hai$, 1146 Rt, 28, Soulh Yarmouth, Mass. 02664
SANDWICH
B ARNSTABIE
YARMOUTH
Old King's Highway Regional Historic
P.O. Box 279, 1Iyannis Muss. 02601
ROGER & RUTH BIBACE
District Colz missioll
Telephone: 617-775-1766
',1r-'r )
MAY 15 A10:34
V. Decision'#90-6
OLD KING'S HIGHWAY REGIONAL HISTORIC 3L,YVN�_;tµ, h'1ftLASUf{#.Id
DISTRICT COMMITTEE FOR THE TOWN OF
YARMOUTH
On Tuesday, April 10, 1990 the Commission held a hearing on
Appeal #90-6 filed by Roger & Ruth Bibace seeking review of
a decision by the Yarmouth Historic District Committee which
had denied a Certificate of Appropriateness for an
alteration to an existing building located at 100E Wharf
Lane, Yarmouthport, Massachusetts.
Present were Brendan Joyce, Dennis; Jan Francis, Brewster;
Peter Freeman, Barnstable; Robert Deemer, Yarmouth;
Christopher Miner, Orleans; Allen Abrahamson, Sandwich;
Robert G. Brown, Commission Counsel; Joseph and Fernando
Giangregorio, Appellants, and Peter Brown, Architect for the
Applicants.
The Committee's decision had been filed with the Town Clerk
on March 20, 1990, and the appeal entered with the
Commission on March 21, 1990 within the ten day appeal
period.
Peter Brown, Architect for the Applicants, addressed the
Commission and stated that the house in question was built
about 50 years ago and was originaly a summer cottage. He
statd that there was no possibility of an extension to the
house on grade due to.the proximity of the house to the
marsh. Mr. Brown stated that Cape Cod architecture was such
that a house would change as the needs of the family would
change. In this case the needs of the family have changed.
The bottom of the dormer would not be visible from the ,
street. The Yarmouth Committee acted arbitrarily because
they failed to see the special nature of the situation. He
said that rules are fine but that in this case they were not
proper.
Robert Deemer, representing the Yarmouth Committee,
addressed the Commission to explain the Yarmouth Committee's
reasons for denial. He stated that the basic question in
front of the Committee was whether or not the alteration was
a dormer. If it was to be a dormer it should be stepped in
so as to signify it as a dormer. If it was not be be a
dormer the roof pitch is not proper. From research, there
are no comparable construction techniques. There is no
cantilevered dormer anywhere in the District. Houses may
develop according to a family's needs but they usually have
a symmetry to them.
-1-
After lengthy discussior4;`.t__be Commission made the following
determinations:
1. That the Yarmouth Committee did not act in an arbitrary,
capricious or erroneous manner in denying the Applicants'
Certificate of Appropriateness. 4-0-2.
2. That the appeal be denied. 4-0--2.
Any person aggrieved by this decision has a right to appeal
to the District Court Department, Barnstable Division,
within 20 days of the filing -of this decision with the
Yarmouth Town Clerk.
M
/;;,1. - z,_
Peter L. Freeman
Chairman
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4/4/90 OKHC Minutes/cant.
ME41
The following changes to previously approved fans (one change) were acted upon:
1. German Hill Estates Association - to seek approval to switch locations of
two of the previously approved houses. Matt Dacey was present to speak
to the request. Following discussion, Sheppard moved/Clark seconded to
approve the request for a Cape style house for Lot #23 and a three -bedroom
ranch style house for Lot #2. APPROVED.
Dacey also requested, for record, that due to state requirements, the mix
of houses will be altered as follows:
OKHC approval 5/4/89 - 18 2-bedroom; 12 Capes; 7 3-bedroom
Change requested - 17 2-bedroom; 13 Capes; 7 3-bedroom
Sheppard moved/Clark seconded to record the requested change. APPROVED.
2. Chauncey Rowan, 46 Kate's Path, Kings Way, Yarmouth Port - to seek approval
to change style of window previously approved 3/21/89. Sheppard moved/
Clark seconded to approve the request as submitted. APPROVED.
The secretary was requested by the committee to secure a copy of the Kings
Way Trustees' letter of approval for this change.
3. Richard Cannon, 48 Kencomsett Circle, Yarmouth Port - to seek approval to
install windows behind screens on screened -in porch previously approved (3131-Brev.
9/6/89. Sheppard moved/Deemer seconded to approve the request as submitted.
APPROVED.
4. Samuel Murray, 35 Whistler's Lane, Yarmouth - to seek approval for change
of color of shutters, garage door and trim previously approved 9/6/99 (3433).
Sheppard moved/Deemer seconded to approve the request as submitted. APPROVED.
APPROVAL OF MINUTES: DiMartile clarified the intent of his comments made in
relation to the discussion and action on Ro er & Ruth Bibace (3491), pg. 1&2
of the March 21, 1990 minutes. DiMartile said that in speaking of that part
of the dormer which he felt was not very visible from a way, he was speaking
of the part of the dormer that is cantilevered, not the top portion of the
dormer which would certainly be visible from the way. He felt that the canti-
levered portion of the dormer would be screened by the existing bushes and
trees. Sheppard moved/DiMartile seconded to approve the minutes as circulated
with the above clarification to be noted in the minutes of the 4/4/90 meeting.
APPROVED.
OTHER BUSINESS:
1. Appeal filed by Roger & Ruth Bibace, 100B Wharf Lane, Yarmouth Port -
DiMartile said that most likely he would not be able to be at the Appeal
hearing scheduled for April 10, 1990. Deemer and Ellis agreed that they
would represent the Yarmouth OKHC.