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HomeMy WebLinkAbout56 Pleasant St Demo Inquiry 08.22.2018Vozella, Beth From: Matthew Fitzsimmons <matt@fitzsimmons-law-office.com> Sent: Wednesday, August 22, 2018 5:18 PM To: Vozella, Beth Subject: 56 Pleasant Street, South Yarmouth Hi Beth: I hope you are well and have had a nice summer. I am wondering if there is a file for 56 Pleasant Street in your office. On the house there was a department of interior plaque, but I wasn't sure if it was actually subject to the historical commission. Would you be able to check for me? Thanks so much, Matt Matthew P. Fitzsimmons, Esq. Law Office of Matthew P. Fitzsimmons, P.C. 25 Mid -Tech Drive, Suite J West Yarmouth, MA 02673 Tel.: (5o8)827-4078 Fax: (5o8)815-1325 E-Mail: Matt@Fitzsimmons-Law-Office.com Wire Fraud Security Notice: PLEASE NOTE THAT WE NEVER CHANGE WIRING INSTRUCTIONS. FOR YOUR SECURITY, PLEASE VERIFY INSTRUCTIONS BY PHONE WITI OUR OFFICE PRIOR TO INITIATING ANY TRANSACTION. Confidentiality Notice: This communication may contain information that is legally privileged, confidential, or exempt from disclosure. If you are not the intended recipient, please note that any dissemination, distribution, or copying of this communication is strictly prohibited. Any person who receive this message in error should notify the sender immediately by telephone or by return. IRS Circular 23o Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended o: written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Vozella, Beth From: Vozella, Beth Sent: Friday, August 24, 2018 11:23 AM To: 'matt@fitzsimmons-law-office.com' Subject: RE: 56 Pleasant Street, South Yarmouth Attachments: CH 92 HISTORIC PROPERTIES as amended 7-21-11.pdf; 56 Pleasant St -Old Homes.PDF; 56 Pleasant St- YHC File- owner notes.pdf; 56 Pleasant St.-YHC File- member notes.pdf; Dem Dela, Flow Chart-6.2018.pdf Hello Matt - This property is located in the South Yarmouth/Bass River Historic District, which is a National Register District (hence the plaque). All structures in the District are subject to the regulations of Chapter 92 of the Yarmouth Town bylaw titled "Historic Properties" which basically requires the town's Historical Commission's involvement with any partial or full demolition request of any structure listed in the District. Following (and attached) is some information regarding 56 Pleasant Street: • Approx. Year Built: 1810 • single family home • listed as a contributing structure in the SY/BR Historic District Attachments: • Chapter 92 of the Town bylaw titled "Historic Properties": This bylaw explains the Yarmouth Historic Commission's rol and process relating to demolition requests and the demolition delay process. • Demo Delay Process Flowchart • Old Homes and Gathering Places: This is a publication that was put out by the Yarmouth Historic Commission in 1989 and lists homes in the Town of Yarmouth whose construction predated 1900. 1 attached the page that lists 56 Pleasant St. • Yarmouth Historical Commission Files: One file contains notes provided by the owner, the other contains notes prepared by a former Historical Commission member. I hope this information is helpful. Please don't hesitate to contact me with any addition questions you may have. Regards, -Beth Beth Vozella Office Administrator Yarmouth OKH Committee/Historical Commission Town of Yarmouth 1146 Route 28, South Yarmouth, MA 02664-4451 Tel: 508-398-2231 X 1292 From: Matthew Fitzsimmons [mailto:matt@fitzsimmons-law-office.com] Sent: Wednesday, August 22, 2018 5:18 PM To: Vozella, Beth <BVozella@yarmouth.ma.us> Subject: 56 Pleasant Street, South Yarmouth Hi Beth I hope you 'are well and have had a nice summer. I am wondering if there is a file for 56 Pleasant Street in your office. 4n the house there was a department of interior plaque, but I wasn't sure if it was actually subject to the historical commission. Would you be able to check for me? Thanks so much, Matt Matthew P. Fitzsimmons, Esq. Law Of ce of Matthew P. Fitzsimmons, P.C. 25 Mid -Tech Drive, Suite J West Yarmouth, MA 02673 Tel.: (5o8)827-4078 Fax: (5o8)815-1325 E-Mail: Matti,Fitzsimmons-Law-Office.com Wire Fraud Security Notice: PLEASE NOTE THAT WE NEVER CHANGE WIRING INSTRUCTIONS. FOR YOUR SECURITY, PLEASE VERIFY INSTRUCTIONS BY PHONE WITI OUR OFFICE PRIOR TO INITIATING ANY TRANSACTION. Confidentiality Notice: This communication may contain information that is legally privileged, confidential, or exempt from disclosure. If you are not the intended recipient, please note that any dissemination, distribution, or copying of this communication is strictly prohibited. Any person who receive this message in error should notify the sender immediately by telephone or by return. IRS Circular 23o Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended o written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. As Amended on 7: 2120 11 Chapter 92. HISTORIC PROPERTIES [HISTORY: Adopted by the Special Town Meeting of the Town of Yarmouth 8-30-1989 by Art. 14. Amendments noted where applicable.] § 92-1. Intent and scope. This chapter is enacted to promote the public welfare and to safeguard the Town's historical, cultural and architectural heritage by protecting historic resources that make the Town a more interesting, attractive and desirable place in which to live. The intent is to protect and preserve historic properties by encouraging their owners to seek alternatives to demolition. § 92-2. Definitions. As used in this chapter, the following words and terms, unless the context requires otherwise, shall have the following meanings: BUILDING Any combination of materials having a roof and/or having formed a shelter for persons, animals or property. [Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011] COMMISSION The Yarmouth Historical Commission. DEMOLITION Any act of destroying, elimination, pulling down, razing or removing a building or any portion thereof or starting the work of any such act with the intention of completing the same. PERSON Any actual person, firm, partnership, association or corporation. SIGNIFICANT BUILDING OR STRUCTURE Any building or structure or portion thereof which is not within a regional historic district, subject to regulation under the provisions of MG c. 40C and has been listed or is the subject of a pending application for listing on the National Register of Historic Places or has been listed on the Massachusetts Register of Historic Places or is over 75 years of age and: [Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011] A. Is associated with one or more historic persons or events contributing to the cultural, political, economic or social history of the Town or the commonwealth; or B. Is historically or architecturally important (in terms of period, style, method of construction, or association with a famous architect or builder), either by itself or in the context of a group of buildings or structures. STRUCTURE A combination of materials, other than a building, including, but not limited to, a wall, fence, walk, driveway. [Added 4-4-2011 ATM by Art. 37, approved 7-21-20111 As Amended on 7f21: 2011 § 92-3. Procedure. A. No permit for the demolition of a building shall be issued other than in conformity with the provisions of this chapter as well as in conformity with provisions of other laws applicable to the demolition of buildings and the issuance of permits therefor generally. B. When an application is made for a demolition permit at the Building Department, the applicant shall deliver a copy of said application, signed by the owner of record at the time of application, to the Historical Commission. C. The Commission, within 10 business days of the receipt of the application, shall determine the significance of said building. When said building is determined to be a significant building, in accordance with the criteria set forth in the definition of "significant building" in § 92-2, the Commission shall notify, in writing, the Building Commissioner, the Town Clerk and, by certified mail, the owner of record as indicated on the application. [Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011] D. The Commission shall hold a public hearing on said significant building or structure application within 30 days after the date it is filed with the Town Clerk and shall give notice thereof by publishing the date, time, place and purpose of the hearing in a local newspaper at least 14 days before such hearing and also within seven days of said hearing and shall mail a copy of said notice to the applicant. The Commission may also require that the applicant maintain on said significant building or structure a notice in a form designated by the Commission, visible from the nearest public way, of any hearing upon the subject matter of such application. [Amended 4-4-2011 ATM by Art. 37, approved 7-21-20111 The Commission shall notify the applicant, the Building Commissioner and the Town Clerk within 10 business days from the close of the public hearing if the Commission determines that the demolition of the significant building or structure would not be detrimental to the historical, cultural or architectural heritage or resources of the Town. The Building Commissioner may, subject to the requirements of the State Building Code and any other applicable laws, bylaws, rules and regulations, issue the demolition permit. [Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011] F. The Commission shall notify the applicant, the Building Commissioner and the Town Clerk within 10 business days from the close of the public hearing if the Commission determines that the demolition of the significant building or structure would be detrimental to the historical, cultural or architectural heritage or resources of the Town, and no demolition permit may be issued until at least 180 days after the date of such determination by the Commission. [Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011] G. The Building Commissioner may issue a demolition permit for the significant building which is the subject of said hearing at any time after receipt of written advice from the Commission to the effect that either: 1) The Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate or restore such building; or 2) The Commission is satisfied that for at least 180 days the owner has made continuing, bona fide and reasonable efforts as evidenced by monthly progress reports to locate a purchaser to preserve, rehabilitate or restore the subject building or structure and that such efforts have been unsuccessful. [Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011] As Amended on 7'21i201 1 § 92-4. Emergency demolitions. [Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011] A. Nothing in this chapter shall restrict the Building Commissioner from ordering the demolition of a significant building or structure determined by him to present a danger to the safety of the public which only demolition can prevent. B. In such event, the Building Commissioner shall notify the Historical Commission in writing within five days of the decision to approve the emergency demolition. § 92-5. Violations and penalties. A. Whoever violates any provision of this chapter shall be penalized by a fine of not more than $300 per day. [Amended 4-4-2011 ATM by Art. 37, approved 7-21-2011] 1) Each day during which the violation exists shall constitute a separate offense until the faithful restoration of the demolished building is completed or unless otherwise agreed to by the Commission. 2) If a building subject to this bylaw is demolished without first obtaining a demolition permit, no building permit shall be issued for a period of two years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership and control unless the building permit is for the faithful restoration referred to above or unless otherwise agreed to by the Commission. B. The Commission and the Building Commissioner and/or his assignees are each authorized to institute any and all proceedings in law or equity as they deem necessary to obtain compliance with the requirements of this chapter or to prevent a violation thereof. § 92-6. Severability. If any section, paragraph or part of this chapter is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect. § 92-7. Conflicts with other legislation. No provision of this chapter shall be construed or applied so as to conflict with MGL c. 143. In the event of any apparent conflict, the provisions of MGL c. 143 shall prevail. H:\HISTORICAL COMMISSION\DEMOLITION DELAY\Bylaws & Revisions\DEMO DELAY ORDINANCE as amended 7-21- 11.doc DEMOLITION DELAY PROCEDURE For all buildings over 75yrs old (located outside of the OKH Regional District) and for all buildings listed in the South Yarmouth/Bass River National Register Historic District. Applicant to deliver a copy of the Building Departments Demolition Permit Application, signed by the owner of record, along with a completed "Notice of Intent to Demolish a Historic Building" form to the Building Department and/or Historical Commission which prompts the Historic Properties bylaw process. Within 10 business days, Historic Commission to determine whether building/structure is "Significant": Is associated with one or more historic persons or events contributing to the cultural, political, economic or social history of the Town or the commonwealth. or Is historically or architecturally important (in terms of period, style, method of construction, or association with a famous architect or builder), either by itself or in the context of a group of buildings or structures. Significant Historical Commission notifies the Building Commissioner, Town Clerk and Owner of Outcome NOT Significant Historical Commission provides notification to building Commissioner Demolition Permit may be issued The Commission shall hold a public hearing within 30 days after notification to Town Clerk, to determine if the demolition of this structure will be detrimental to the historical, cultural or architectural heritage or resources of the Town. Legal Notice to be made at least 14 days prior to and again within 7 days of said hearing. Notice is also provided to applicant. Detrimental Within 10 business days from the close of public hearing, the Historical Commission shall notifythe applicant, Building Commissioner and Town Clerk of the decision and no demolition permit may be issued until: The Commission is satisfied that there is no reasonable likelihood that either the owner or other person/group is willing to purchase, preserve, rehabilitate or restore the building. NOT Detrimental Within 10 business days from the close of public hearing, Commission shall notify the applicant, Building Commissioner and Town Clerk of the decision Or 180 days have passed and the Commission is satisfied that owner made reasonable efforts (as evidenced by monthly progress reports) to locate a purchaser or preserve, (Dem®ition�Per,-Witmaybe issued rehabilitate or restore the building and that such efforts were unsuccessful, (Note: The YHC has discretion to refer "contributing" structures to the Cape Cod Commission.) 6.2018 Y ARM 0 U,T H OLIO BIOMES AND GATHERING PLACES 1 130 Yarmouth: Old Homes and Gathering Places 53 Pleasant Street 1852 It is a rare thing for three sisters to grow up, marry, and live next door to each other, but such was the enjoyable fate of the daughters of Timothy and Polly Crowell. Harriet married Orlando Baker, Mary married Elisha Jenkins, and Sophia married Elisha Taylor, who was the original owner of this house. Elisha was the son of Abner and Ruth Rogers Taylor of West Yarmouth, born in 1809. Abner Taylor was a selectman and had a store near Bridge Street which Elisha later ran for a while, Squire Taylor, as Elisha was often called, was president of the Marine Insurance Company of South Yarmouth for seven years, selectman for 25 years and justice of the peace for 28 years. He was well respected in the community and lived a long life. In 1852 Orlando Baker deeded this land to his brother-in-law Elisha Taylor, who immediately had a house put on it. It was later owned by Captain James Whittemore and by Mr. Boothby who restored it and added on. The house has both Federal and Greek Revival influences. There are fancy lights on the side of the front door. dentil work above the door, three chimneys, six -over -six windows plus a new bay window in front and pediments over some of the windows. The original part of the house has a brick foundation, a triangle of wood in the center of a steep gable and Greek columns on the side of the house and the door. 56 Pleasant Street c. 1810 According to the present owners, this house origi- nated on a site much closer to Pleasant Street. It had existed there as a two-story structure with its oldest section dating back to 1810. During most of the nineteenth century, the family of J. Davis owned the house which was in close proximity to the Magnesia factory and numerous saltworks. From this first site, under a giant Linden tree, it was moved, in 1906, to its present location and turned around to one side. Also, about this time the house had a second story put in between the first and what is now the third story. 57 Pleasant Street c. 1775 Full Cape According to Daniel Wing, this house was built by Micajah Crowell. In 1799, the deed goes from Micajah Crowell to Captain Obed Baker. Lewis Crowell acquired the property after this. After his death, his widow, Betsy, Iived there for a while. When she married David Akin, she sold the house in 1839 to Orlando Baker, also giving him the respon- sibility of running, her late husbands saltworks. Orlando Baker spent the rest of his life in this house, raising eight children, chickens, cows, pigs, a horse named Billy, and a large garden, as well as a cranberry bog. An outstanding man in the church, he was partly responsible for the building of the Methodist Church in 1852. He was its secretary and night -class teacher for many years, as well as attending Friday night prayer meetings and reading the Bible all day Sunday. There is a Iarge central chimney and one on the ell in the back. There is a light over the door and flat trimboard on the side of the doors. The twelve - over -twelve windows reach the roofline of the house. The large one -window dormers face the street. The enormous barn remains intact but the smaller sheds are gone. 62 Pleasant Street c. 1780 This building was moved at least twice from the time of its construction. Up until 1853, however, it is not known who lived in the house, or when, specifically, it was built; so prior to that date the structure may have seen additional moves. In 1853, or thereabouts, when the new Methodist Church was constructed, this house was situated near, or next to, that church at its site on Main Street. There it served as the parsonage and housed the new minister, the Reverend Henry Aston. It is not known when, but soon after and prob- ably no later than 1875 this house was moved to the road leading to the Magnesia factory owned by Franklin Fearing and D.K. Akin. Off PIeasant Street it sat close by where it sits today and housed Noah Morgan and his family who were beneficiaries of Mr. Akins great Quaker hospitality and kindness. I FO?N1 B - B?TiLDING ��,3r� HILTGRICAL COM". 1SSION i f Office of the Secretary, State House, Boston r 2. Photo (W" or 3x5") Staple to left side of form Photo number I%,lap. Draw sketch of building location in relation to nearest cross streets and other buildings. Indicate north. N rr 1 A--- V i Q G r 1. Towrn In Area no. Form -10. Address '5A efl lame NZ r Present use Present o merl A PAM sj�A r i 3. Description: c Date 19 Q S©urce Style Architect Exterior wall fabric Outbuildings (describe) ! Other features altered :`loved �. Lo4 size - Date Date One acre or less Over one acre npp i m ' ate frontage 1 e: . Apprciaim distance of building from s. 6. Recorded by Organization Date 7. Original owner (if known) Original use Subsequent uses (if any) and dates E. 'Themes (check as many as applicable) Aboriginal Conservation Recreation Agricultural Education Religion: Architectural Exploration/ Science/ The Arts settlement inventio;i Commerce Industry social/ Communication ?Military hurnanitarian Community development political _ Transportation 9. Historical significance (include explanation of themes checked above ,ti. Bibliog—,ap ,, and/or references (such as local his,o_ ies, seeds, assessor's records, ear)v mans, etc.) �CN� ram. jq ry i V !t�t3RT� � n� � J) . ✓��'t� � r �T � * h OZ 3� yJ;rO 3 � / 1tTlr- lv �LlVl�u� sg�R,Jt Sy67 7�` if op, y 3 3 S-C A, Re v � �f� Yx7i 5 S f �` �93 �F Y� 1'G i S p 6 WIC rti �r 4!5 4- S f 9 — 7 ►1'tK A S XiiJbvi+ K'xcic'r[{; ? JtaA I /1/ 4 , Ole o ,.v IV /E'1 L�6 r 6 0 ,(—fe, tz--c:T 7 v rvc> 56 PLEASANT STREET This beautiful Federal house, now owned by the Skaff family was originally built around 1810 and was located nearer Pleasant Street under a large Linden tree. In 1906 it was moved to its present location nearer the river. At the same time the house was turned around and the second floor was raised to allow for a new second floor and so the house now has three floors. The home is near the siteof the magnesia factory which was built in 1850. The present living room and den of the house are original. The kitchen and dining room and two bedrooms were added in 1906 During most of the nineteenth century, the family of J. Davis owned the house which was located near the numerous saltworks along the Bass River. The present owners purchased the house in 1983: The beautiful house with its sweeping lawns running .own to the river and the family"s dock make this property one of the showplaces along Bass River. COMMENTS FOR""B" FORMS FOR SOUTH YARMOUTH/BASS RIVER HISTORIC DISTRICT HISTORIC SITE ADDRESS: OWNER'S NAME: ell MAILING ADDRESS: _ {if other than above TELEPHONE: -T0e, ar+a,,- J P ar r•nwraavmmc Q— ,��.�=.r- d i.{: bP:'��. _' .. iY i � -i .;lafP i�'.'; 7 � ,t� �; c; .f : _r. .7 f7L r'� s.3 �! ✓5' C U r /7 Et>E C!-�c v fd � ..�.i�-r.i'& ...,,r�E��' s.> e�* r ! .; .it,r' ! F.h r' d f tr. - z;" ti t fh 1: P p .... ) s �9 � h eiVG6^} JC ,�4.I _ .`Y G.i - /- rlfYiri t 1 F' 1 I-, i 'C ^- B U I L D I \ G "T5 H:: i C?!Cri.L C©;i�IISSIJ'; Office of the Secretary, State House, Bostor. 2. Photo (30" or 3X5'1) Staple to left side of form Photo number map. Draw sketch of building location in relation to nearest cross streets and other buildings. Ind)cate north. a In Area no. r arm no. I. Town Tf- L Address) Name Pt'A Present use Present owner 1 3. Description: PR-RL-r OF Date $v ►t- r !AI loe Source Style Architect Exterior «•all fabric c,�{ Outbuildings (describe) : der ea r f v >r ! _^altered Date �4oved oM iWrh ` _ Date 5. Lot si ze- One acre or less over one acreL e" Approximate frontage'26°" --- Approximate distance of building from s,r 6. Recorded by Organization Date