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HomeMy WebLinkAboutD-2004-109I C I 04 JU.-NI 21.3 P 11 2 6 r h 10 TOWN OF BARNSTABLE Zoning Board of Appeals Application for a Special Permit Date Received Town Clerk's Office: For office use only Appeal# Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a Special Permit, in the manner and for thereasonssetforthbelow: Vincent J. Toreno and Patricia A. Martin Attorney's Phone#Applicant Name: Phone: (508) 362-7799 Applicant Address: c/o Paul R. Tardif, Esq., 490 Main Street, Yarmouth Port, Property Location: 3660 Main Street, Barnstable, MA Attorney's Phone# Property Owner: Callahan &Associates, Inc. (Ashley Manor) , phone:_(508) 362-7799 Address of Owner: 3660 Main Street, Barnstable, MA If applicant differs from owner, state nature of interest, p 9purchaser, under agreement Assessor's Map/Parcel Number: 317/21.001 Zoning District: RF-2 residential F-2 Number of Years Owned: Under Agreement Groundwater Overlay District: AP Special Permit Requested: TRANSFER of Special Permit No. 1998-61 B Cite Section& Title of the Zoning Ordinance z. Description of Activity/Reason for Request: Change of Ownership; the Buyer wishes to continue the operation of a Bed & Breakfast i nthe same manner that is allowable and permitted pursuant to Special Permit No. 1998-61 and all allowed to the present owner. This transfer is a condition of the sale. Attach additional sheets if necessary Does the property have any existing Variance or Special Permit issued to it? Yes Permit No.: 1998-61 B and 2001-23 If the applicant differs from owner,the applicant will be required to submit one original notarized letter, copy of aproposedpurchase&sales agreement or lease, or other documents with the application to prove standing andinterestintheparcelorstructure. II Application for a Special Permit-Page 2 Existing Level of Development of the Property-Number of Buildings: 2 Present Use(s): Owner occupied Bed and Breakfast Gross Floor Area: @5,186 sq. ft. Proposed Gross Floor Area to be Added: none sq. ft., Altered:none sq. ft. Description of Construction Activity(if applicable): none Attach additional sheet and plans if necessary Site Plan Review(required to be completed prior to applying to the Zoning Board of Appeals): Site Plan Review Number: Date Approved: x]-Not Required-Single or Two Family use Waiver requested Is the property located in a designated Historic District?.....................Yes[4 No [ ]If yes [x]-Old King's Highway Regional Historic District Date Approved (if applicable) n/a Hyannis Main Street Waterfront Historic District Date Approved (if applicable) Is the building a designated Historic Landmark?........................................... Yes [)9 No Have you applied for a building permit?............................................................................... Have you been refused a building permit?............................................... Yes[ ] No[x] Yes[ ] No[X] The following information must be submitted with the application at the time of filing, failure to do so may result inadenialofyourrequest. Three (3) copies of the completed application form, each with original signatures. Three(3) copies of a certified property survey(plot plan)and one(1) reduced copy(8 1/2"x 11"or 11"x17") showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the locationoftheexistingimprovementsontheland. Three(3)copies of a proposed site improvement plan and one(1) reduced copy(8 1/2"x 11" or 11"x17"), drawn by a certified professional and found approvable by the Site Plan Review Committee (ifapplicable). This plan must show the exact location of all proposed improvements and alterations on thelandandtostructures. See"Contents of Site Plan", Section 4-7.5 of the Zoning Ordinance, for detailedrequirements. The applicant may tbmi any ad4q.., ttorn supcuments to assist the Board in making itsdetermination. Signature: Date: June L, 2004 Paul R. petitioner Representative's 490 Main S Phone: (508) 362-7799 Address: Yarmouth Port, MA 02675 Fax No.: (508) 362-7199 h U 4 J UIN 23 Pffl 2: 27 p[ 1/1Ei q !,( 6 f eawisnxsu.t TOWN OF BARNSTABLE Zoning Board of Appeals Application for a Variance Date Received For office use only: Town Clerk's Office: Appeal# Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a Variance, in the manner and for thereasonssetforthbelow: Vincent J. Toreno and Patricia A. Martin Attorney's Phone# Applicant Name: Phone: (508) 362-7799 Applicant Address: c/o Paul R. Tardif, Esq., 490 Main Street, Yarmouth Port, MA 02675 Property Location: 3660 Main Street (Route 6A) Barnstable, MA Property Owner: Callahan &Associates, Inc. Phone: same as above Address of Owner: 3660 Main Street (Route 6A) Barnstable, MA if applicant differs from owner, state nature of interest:l purchaser, under agreement Assessor's Ma /Parcel Number: 317/21.001 Zoning District: RF-2 residential F-2p Number of Years Owned: under agreement Groundwater Overlay District: AP Variance Requested: Cite Section& Title of the Zoning Ordinance Description of Activity/Reason for Request: To modify Condition No. 1 of Variance 1998-62B to allow it to transfer to Vincent J. Toreno and Patricia A. Martin Attach additional sheet if necessary Does the property have any existing Variance or Special Permit issued to it? yes Permit No.: 1998-62B and 2001-24 If the applicant differs from owner,the applicant will be required to submit one original notarized letter, copy of aproposedpurchase&sales agreement or lease, or other documents with the application to prove standing andinterestintheparcelorstructure. f Application for a Variance-Page 2 Existing Level of Development of the Property ' Number of Buildings: 2 Present Use(s): Owner Occupied Bed and Breakfast Gross Floor Area: 5186 sq, ft. Proposed Gross Floor Area to be Added: none sq. ft., Altered: none sq. ft. Description of Construction Activity (if applicable): none Attach additional sheet and plans if necessary Site Plan Review(required to be completed prior to applying to the Zoning Board of Appeals): Site Plan Review Number Date Approved X]-Not Required -Single or Two Family use Waiver requested Is the property located in a designated Historic District?.................................................... Yes -No [ ] ifyes [yj- Old King's Highway Regional Historic District Date Approved (if applicable) Hyannis Main Street Waterfront Historic District Date Approved (if applicable) ' Is the building a designated Historic Landmark?.................................................................. Yes [)Q No [ ] Have you applied for a building permit?............................................................................... Yes [ ] No [X] Have you been refused a building permit? .......................................................................... Yes [ ] No [X] The following information must be submitted with the application at the time of filing. Failure to do so may result in a denial of your request. Three(3) copies of the completed application form, each with original signatures. Three(3) copies of a certified property survey (plot plan) and one(1) reduced copy (8 1/2"x 11" or 11" x 17") showing the dimensions of the land, all wetlands,water bodies, surrounding roadways and-the location of the existing improvements on the land. Three(3) copies of a proposed site improvement plan and one (1) reduced copy (8 1/2" x 11" or 11"x 17"), drawn by a certified professional and found approvable by the Site Plan Review Committee (if applicable). This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See "Contents of Site Plan", Section 4-7.5 of the Zoning Ordinance, for detailed requirements. The applicant may submit any addit' na porting documents to assist the Board in making itsdetermination. Signature: Date: dune C , 2004 aul R. Tardif, attorn y for petitioner Representative's 490 Main Street Phone: (508) 362-7799 Address: Yarmouth Port, MA 02675 Fax No.:___(508) 362-7199 AJ• Town of Barnstable Zoning Board of Appeals 7=.y , `? 23 , i f3: ? Decision and Notice Callahan Appeal 2001-23 - Transfer Special Permit 1998-61B Appeal 2001-24 - Transfer of Variance 1998-62B Summary:.. Granted with Conditions Petitioner: Kathryn A. Callahan, (Callahan&Associates,Inc.) Property Address:3660 Main Street,Barnstable,MA Assessor's Map/Parcel: Map 317,Parcel 021.001 Zoning Residential F-2&-Aquifer Protection Overlay District Relief Requested&Background The applicant seeks to transfer the existing Ashley Manor Bed&Breakfast Special; Permit 1998-61B coupled with Variance 1998-62B to allow a 6 room, 12 guest bed and breakfast. The permit and variance when issued to Donald J. Bain conditioned that they not be transferred without permission from the board. The property consists of approximately 1.86 acres located on Main Street (Route 6A) in Barnstable Village. It is improved with a 5,394 sq. ft.two plus story wood frame dwelling, a 616 sq. ft. cottage and a 220 sq. ft. shed. According to assessor's records,the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private septic system. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 05, 2001. An extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board. ,.A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 14, 2001, at which time the Board found to allow the transfer of Special Permit 1998-61B and Variance 1998-62B from the name of Donald J.Bain into the name of Kathryn A. Callahan, Callahan&Associates, Inc.) Board Members deciding this appeal were Tom DeRiemer, Dan Creedon, Gail Nightingale, Richard Boy, and Chairman Ron S.Jansson. Attorney David Leitner represented the applicant, who was also present. He explained that the request was one to allow for the transfer of the special permit and variance to allow the applicant to operate the business. The applicant would abide by all of the conditions of the special permit and variance in place today. The Board discussed the request and determined it was a simple transfer of the permits and that no new development activity nor operational changes were contemplated by the transfer. The public was invited to speak and no one spoke in opposition or in favor of the request. Findings of Fact: At the hearing of March 14, 2001,the Board unanimously found the following findings of fact: 1. The applicant is Kathryn A. Callahan, (Callahan&Associates,Inc.). The property is addressed as 3660 Main Street, Barnstable,MA,Assessor's Map 317,Parcel 021.001. It is zoned Residential F-2. 2. The applicant seeks to transfer the existing Ashley Manor Bed&Breakfast operation at 3660 Main Street. That business is operating under an existing Bed&Breakfast Special; Permit 1998-61B coupled with Variance 1998-62B-a variance to Maximum Number of Rooms. Together they allow for a 6 room, 12 guest bed and breakfast. The permit and variance are presently issued to Donald J. Bain. 3. The proposal fulfills the spirit and intent of the Zoning Ordinance and of the permit and variance issued. It would not represent a substantial detriment to the public good or the neighborhood affected if the transfer were allowed in r that no new development nor any changes to the existing permit/variance. 4. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the transfer of Special; Permit 1998-61B and Variance 1998-62B to Kathryn A. Callahan, (Callahan&Associates, Inc.) with the stipulation that all condition of the previously issued permit and variance remain in effect. The vote was as follows AYE: Dan Creedon, Tom DeRiemer, Richard Boy, Gail Nightingale, Chairman Ron S.Jansson NAY: None Ordered: Appeals 2001-23 and 24 grant the transfer of Special; Permit 1998-61B and Variance 1998-62B to Kathryn A. Callahan, (Callahan&Associates, Inc.). This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty 20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Ron S.J sso hairman Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has een filed in the office of the Town Clerk. Signed and sealed this_ y o unde he pains and penalties of perjury. Linda Hutchenrider,Town Clerk 2 Proof of Publication TOEAl141 OF BAQiRtSTABLE'Z®111111G BOAPi® ®APPEALSNOTICE01:P.tlBLiC; AR1111G'UNDEREIE ORDINAM 'JE HE r? A41G1lST 4, 2004 To a!1 persons interestsd rn ora#fected by the NogBoard of Appeals under Sectron 11 ofthapter 40A"of the General taws of the,Commorrwsal#h of Massar husetts,,and allamendmentstheretoyouareherebytiotr#led that715P.M CarlQnaa ,-,Appeal 2004 705JoshuaCari,no hasappi,ed fr a Fai Wily Apartment Special Permrt uj accordance with Section3-i 1(3>(D)to add a 700 sq;ft tamjly apartment over an exrsting:garage,°The property s;;,,shown on Assessor s,Map 270 Parcel t38 addr+ssed as 14Y Uncoin Road Hyannrs MA ;`in a Residence B Zoning Drstnct 30 'MP .Moran Appeal 2004 706:fJohnand'Andrea Monn have:applred fora Special Permifi'in accordance with Sectron 4 4 3Nonconforn,ng Buildings or;Structures IJsed;as Single;ant Tyvo Family;#iesidencessandfindingsuncJerMGLChaptef,40A Section 6 to demolish and reconstruct a new single famrrywellingonanbnconformtnglotThepropertyisshownonAssessor'Mapt 65 Paecet,A35addressed-s 57 Swift Avenus Osteiviile:MA in a Residence C`Zoning pistnct4Nilbams2QAp"peaH 041 109 y John Ai and Chnstne f Williams have appirod #or a Specra Permit m accordance with ,:'Sec#roro 4-q 3 Nonconforming Buildings or Siruc#urss;Lased as,^Single antl wo FamilyRes,tlenceS and'fir d,ngs,bunisr MGL Chapter 4 A S,ectron 6'.or,,the demolitipn andFeconstnictionofasinglefamilydweliirgonanonconfwrijrng!ot`l h property rs shown on' '"'Assessor's Map'fl06 Paicef 015 addressed as 682 Poponessett Road Coturt'"MA rn aRssidence.F Zoning DiStnCt .,,.r " xqN. o+" X ,, v 45 P M: , "' :1.ovelil;Hinckley Ai. xn Lester Lovell Debra'Loveii antl Trafton Hirickley`have a peed 20O4uana8 a to Section 3 . 1.4(5) Bulk Regulations'and Secifon 33 5 3 Resoucce,Protection Qveriajr DrsYnct, Thgapplicantseekg"#o`Yge®ria{iile three swsting nod conforrn ng;lg#s into,two new; non p,confonning;,lots The combination of which Wou1Cf not ret iilt in any view brlildable lot'as twoof,the subject tots are already developed The subject properties are shown on Assessor sMap078asParcels067001,067 OQ2 and i 2 6 and addressed'2078 Marn;Street and 59 a Lovell s Lane Marstons Mails;MA in a Resrcleiiee 8.15 P M:' x 3560 Maan Street Realty Trust Appeal 2004-1093680MarnStreetRealtyTrustVincent"J`Toreno and,Ratne,a Ar Martin Trustees havesrequestedthetransferoftheexrsprrgondttionaliJse,S,pscial P im}t NU,0 49 8 61$issued for the operafron of the.existing Ashiey;;Manor Bed 8 Breakfast ;The property rs `shown on Assessors,Map317 Parce1021 Q01 acidressscl;as366flMainStreetlRoi te6A)''a'mstable ''MA in a Residence F 2 honing Distct w 15 P M''3660 Maan Street Realty Trust' Appeal 2004 9103660Marn`Street Realty Trust vrncent J Toreno and Patricia A:Martin;Trustees:haverequestedthetrans#er of the eitisting Vanance I998-62B issued to. Breakfast to allow fora 6`roorrj,,4 2,guest tied and breakfast the property s .shown on Assessor's`Map 3 Y 7 Parcei'02 i flO t addressed;as 3860 tiAain Street(Routg.6A)' ,arnstabie MA rn a Res+dence 2F Zoning D strr t yr Y W G r ice, 1 2 These Public Heanngs 011 be held at the Barnstable Town 4 lall 36`Main Street,HyannisMA;Heanng;Room,"2nd Flooc,.'.1Nednestlay August 4 2004 W Piarts and,apptications;;may'be'eviewed?at the Planning©ivrsion Zoning Board of Appeals Otflce Towri Offices! 00MairiStreetHyanns:,MA CDaniei M.Creedon iW Chairman Zoning Board of Appears The Bamstakrle Patric July+16 and Juiy 23,i2t)04 7 ppiig'? LQice# A 11S f i) t a t 7 V B.AIiLz E a E ice§ €sw 1i Town of Barnstable Zoning Board of Appeals Decision and Notice 3660 Main Street Realty Trust Appeal 2004-109-Transfer of the existing Conditional Use Special Permit Number 1998-61B And Appeal 2004-110- transfer of the existing Variance 1998-62B Transfer of existing Ashley Manor Bed&Breakfast special permit and variance to allow for a 6 room/12 guest bed and breakfast. Summary: Granted with Conditions Petitioner: 3660 Main Street Realty Trust,Vincent I Toreno and Patricia A.Martin,Trustees Property Address: 3660 Main Street(Route 6A),Barnstable,MA Assessor's Map/Parcel: Map 317 Parcel 021.001 Zoning: Residence F-2 Zoning District Background: The applicant seeks to transfer the existing Ashley Manor Bed&Breakfast Conditional Use Special Permit Number 1998-61B coupled with Variance Number 1998-62B to allow a 6 room, 12 guest bed and breakfast. The permit and variance were originally granted by the Board on November 4, 1998 to Donald J.Bain. The permit and variance were conditioned that they not be transferred without permission from the Board. On March 14,2001,the Board allowed the transfer of the Special Permit and Variance from the name of Donald J. Bain into the name of Kathryn A. Callahan, (Callahan&Associates,Inc.)(Appeals 2001-23 &24). Again the Board conditioned the transfer of the permit and variance to the applicant. Today,the applicants seek to have the permit and variance transferred to them to allow the continued operation of the Bed&Breakfast. There are no proposed changes in the site or in the number of rooms or lodgers. The property consists of approximately 1.86 acres located on Main Street(Route 6A)in Barnstable Village. It is improved with a 5,394 sq. ft.two plus story wood frame dwelling, a 616 sq. ft. cottage and a 220 sq. ft. shed. According to assessor's records,the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private,on-site septic system. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 24, 2004. An extension of time for holding the public hearing and for filing of the decision was executed between the applicant and the Board. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on August 04,2004, at which time the Board found to grant the appeal. Board Members deciding this appeal were: Richard L. Boy,Sheila Geiler,Jeremy Gilmore, Gail Nightingale, and Acting Chairman Ralph Copeland. Planning Division-Staff Report Attorney Paul R.Tardif represented the applicant before the Board. He explained that the request was a simple transfer of the existing special permit for the operation of a bed and breakfast operation and a transfer of the existing variance to the provision of the B&B regulations to permit operations to have up to 6 bedrooms and occupancy of up to 12 guests. The board questioned if any changes were being made in the operation or site,and it was noted that none were contemplated. The Board questioned if a new permit and variance should be issued; they determined to keep the remaining permit a variance"as is"and to simply vote for the transfer of them. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of August 04, 2004,the Board unanimously made the following findings of fact: 1. Appeal 2004-109 is that of 3660 Main Street Realty Trust,Vincent J.Toreno and Patricia A. Martin, Trustees,requesting a transfer of the existing Conditional Use Special Permit Number 1998-61B issued for the operation of the existing Ashley Manor Bed&Breakfast. 2. Appeal 2004-110 is that of 3660 Main Street Realty Trust,Vincent J.Toren and Patricia A. Martin, Trustees seeking transfer of the existing Variance 1998-62B issued for the existing Ashley Manor Bed&Breakfast to allow for a 6 room, 12 guest bed and breakfast. 3. The property is shown on Assessor's Map 317,Parcel 021.001 addressed as 3660 Main Street Route 6A),Barnstable,MA in a Residence F-2 Zoning District. The applicant is not proposing any changes in the site and no changes in the number of rooms or lodgers. 4. Since the permit and variance already exist, and have for a number of years,to permit the transfer would not present a detriment to the neighborhood and it is within the power of the board to permit such a transfer. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the transfer of Conditional Use Special Permit Number 1998-61B and the transfer of the Variance 1998-62B originally issued to Donald J. Bain to the applicant 3660 Main Street Realty Trust,Vincent J. Toren and Patricia A.Martin,Trustees subject to compliance with all condition enumerated in Special Permit 1998-61B and Variance 1998-62B. The vote was as follows: AYE: Richard L. Boy, Sheila Geiler,Jeremy Gilmore, Gail Nightingale,Ralph Copeland NAY: None 2 Planning Division-Staff Report Ordered: Conditional Use Special Permit Number 1998-61B and Variance 1998-62B have been transferred into the name of the applicant 3660 Main Street Realty Trust,Vincent J. Toren and Patricia A. Martin,Trustees. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A,Section 17,within twenty 20)days after the date of the filing of this decision, a copy of which must be filed in the office of the Town Clerk. Ralph Copeland,Acting Chairman Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify` that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no.appeal of the decision has been filed ' the office of Town Clerk. Y - - Signed and sealed this day o , f ulerr pains d penalties of pe,jury: inda Hutchenrider,Town Clerk l 3 R BARNgrABLL 98 NO V 17 P 3 A Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1998-62- B -Donald J. Bain (Ashley Manor) Variance bm Section 3'1.1(3)(F), Subsections (b)and (h) Summary: Granted bo Subsection b with Conditions Applicant: Duna|dJ. Bain (Ashley Manor) Property Address:3088K4ain Street, Barnstable Aseeemm/mK8ap/Poroe|: Map 317. Parcel O21.0U1 Area: 1.88aoroo Building Area: 5.186uq.ft. Zoning: RF'2 Rauidonho| F'2Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of approximately 1.86 acres and is located on Main Street Route GA) in Barnstable Village. It ia improved with a4.35Osq. ft. two-story wood frame house, o81Osq. ft. accessory structure ofo cottage and o22Osq. ft. ohed. According bz assessor's records, the main residence was originally constructed around 172O. The cottage ie listed ao being built around 1935. The site ia served by public water and o private septic system. The property is located in an RF-2 Residential F-2Zoning District, which only allows single-family dwellings eo principal permitted uses. The renting of rooms for not more than three (3) non-family members is allowed as an accessory use. Currently, the applicant is operating a six(6) room Bed & Breakfast for up to 12 lodgers known aa"Ashley Manor" on this site. The applicant is proposing to add two(2) guest bedrooms and two (2) bathrooms bv constructing a second story /1.254sq. ft. in area) on the same footprint of the existing house. Zoning relief is being requested \nm number of ways tolegitimize the current use of the property and to permit on additional (2) guest rooms to be rented to a total of not more than 16 guests. Relief Requested: The applicant applied for several forms of relief to legalize the existing use of the property as a 6 bedroom Bed & Breakfast and to expand that use with an additional 2 guest rooms. The relief being requested aofollows: Appeal No. 18S8-G1 -A: Special Permit Pursuant to Section 4-4.5(3) - Expansion ofaPre-existing Nonconforming Use Appeal No. 1880-01 - 8: Special Permit Pursuant to Section 3-1.1(3)(F) - Bed & Breakfast Conditional Use Appeal No. 19S8-G3 -A Use Variance to Section 3-1.1(1)(A) - Principal Permitted Uses Appeal No. 1990-62- B Variance to Section 3-1.1(3)(F), Subsections (b) 'Maximum number mf guest rooms and lodgers and (M) -Ismumd only to the owner and isnot transferable. History mfSite: On February 1, 1985, the previous owner of the property, Woodville W. Guy, applied for a special permit(Appeal No1S85-47) to allow the renting of rooms for upbo twelve (12) lodgers. The 1085 Zoning By-law allowed as-of- Town of Barnstable-Zoning Board oteals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) right single-family dwellings and the renting of rooms for not more than 6 lodgers by a family resident in the dwelling. That appeal was denied. The Board found that the premises had always been a one-family residence, was not nonconforming, and had never been a commercial use. They found that no evidence was presented at the hearing to warrant the requested relief. The current owner, Donald J. Bain, has owned the property since 1986. He reports that he has operated a six 6) guest room Bed & Breakfast since 1986, and has submitted copies of a Lodging House License for each year from December 1985 to December 1997. The applicant has also submitted copies of a Permit to Operate a Food Establishment for each year from 1988 to 1998. However, no special permit or variance was ever approved by the Zoning Board of Appeals to allow this use. In November of 1987, the number of lodgers permitted as an accessory use to single-family dwellings was reduced from six (6) to three(3) in RF-2 Districts (ATM 11/7/87, Art. 12). Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 18, 1998. A 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 29, 1998, and continued to June 3, 1998, August 12, 1998, and November 4, 1998 at which time the Board granted a Variance with conditions to Section 3-1.1(3)(F), Subsections (b) only -Maximum number of guest rooms and lodgers. Hearing Summary: Board Members hearing and deciding this appeal were Ron Jansson, Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn.. Attorney Peter Freeman represented the applicant, Donald Bain, who was also present. At the opening of the public hearing of April 29, 1998 Attorney Freeman reported to the Board that some abutters have written in opposition and Mr. Bain would like a continuance to allow him time to talk with the neighbors about their concerns. The Board agreed to continue these appeals to June 03, 1998. At the June 3, 1998 continuance a letter from Attorney Freeman, dated June 02, 1998 was read. That letter, requested a continuance of the Bain appeals. Attorney Freeman reported the applicant is still in the process of obtaining Old King's Highway Historic District Committee's approval. He went before them on May 27, 1998 and' his application was continued until June 10, 1998. The Board continued the appeals to August 12, 1998. At the August 12, 1998 continuance, a letter from Attorney Freeman, dated July 28, 1998, requesting a continuance was submitted to the Board. Mr. Freeman was present and addressed the Board. He reported the applicant is still in the process of trying to get approval from the Old King's Highway Historic District Committee and would like a continuance. The Board granted a continuance to November 04, 1998. At the November 04, 1998 continuance, the Board after hearing the Special Permit issue of Appeal NO. 1998- 61, then addressed the Variance request of Appeal No. 1998-62 Attorney Freeman reported the applicant, Mr. Bain, would like to modify his request. He no longer seeks to add two (2) guest bedrooms, and as such, would reduce the request from eight(8) guest bedrooms to six(6) guest bedrooms. The proposal received Site Plan Review approval and was found to have adequate parking. There are no concerns with regard to the Septic System which complies with all Title V Regulations for at least six(6) guest bedrooms for up to twelve(12) lodgers As to Variance conditions, pursuant to MGL Chapter 40A Section 10, Attorney Freeman stated Ashley Manor, dating back to at least 1720, is one of the oldest houses in Barnstable and is on the National Register of Historic Places. The house is located right on Route 6A. The interior finish work is of high quality and worthy of preservation. The landscaping includes old trees, a classic garden, a gazebo and a fountain. The structure itself, and the grounds, are unique conditions effecting the land or structure by not effecting the zoning district. A Proforma was submitted to the file which shows a substantial financial hardship would be involved if the 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) applicant were limited to the renting of only three (3) guest bedrooms. The Proforma shows that at least six(6) bedrooms are needed to be profitable and a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner. Attorney Freeman stated the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. The Board asked Attorney Freeman about the applicant's variance request to subsection (h) of Section 3- 1.1(3)(F)which states the Special Permit is not transferable to subsequent owners. Attorney Freeman stated they would withdraw that request if the necessary because at this time Mr. Bain has not plans to sell the property. Mr. Bain addressed the Board and reiterated there would be a substantial financial hardship if he were limited to only three guest bedrooms. He stated the Bed and Breakfast would not be intrusive in this residential area. He feels there is no correlation between the number of bedrooms and the neighborhood because this is only a seasonal business and rooms are not always booked to capacity. His busiest month is August and the occupancy rate is about 80%. A Bed and Breakfast does not negatively affect the value of the neighborhood. Mr. Bain stated the cottage is very important to his Bed and Breakfast operation. If the operation were limited to only three bedrooms, he would use two bedrooms in the main house and use the cottage as the third bedroom because the cottage contributes an income of approximately $25,000 per year. The cottage is close to the property line of the abutter, however there is no structure near the cottage. For clarification, there are five guest bedrooms and two owner's bedrooms in the main house. The cottage is a large studio room (including a couch and bed)with one bathroom. It does not have a separate kitchen -no stove just a small refrigerator. This makes a total of eight bedrooms on site-seven in the main house and one in the cottage. The cottage was used as a rental unit by the previous owner and Mr. Bain has always rented it since his purchase of the property. Public Comments: Edward Handy, an abutter, spoke in opposition citing that he not feel the applicant proved variance conditions and that to grant the relief would be a detriment to the neighborhood. Vicki Marchant, an abutter spoke earlier in favor of the appeal and had asked to go on record as favoring the grant of the appeal. Previously submitted to the file are letters of support from Mrs. Martin, Ralph Gillis, Anthony Stanford and Lynne Poyant, Hyannis Area Chamber of Commerce, letters in opposition was Edward Handy, and Ralph and Tylee Stoesser, and a petition in opposition signed by six people. Concerning the letter from Clyde and Eleanor Claus, Attorney Freeman claimed that Mr. Claus told him he is no longer in opposition because at the time he wrote that letter he did not understand the applicant's proposal. Attorney Freeman reminded the Board that Mr. Bain has continuously received a Lodging House License from the Town and a Permit to Operate a Food Establishment. The use of the property as a Bed and Breakfast is not legal under the Zoning Ordinance, however, Mr. Bain did not know that and it is for that reason he is before the Board tonight. During the entire time the Ashley Manor has been in operation, there has never been a complaint. There have been supporters. Attorney Freeman indicated the relief may be granted without substantial detriment to the public good or neighborhood affected as this is a large site over 11/2 acres (1.86 acres). Mr. Bain told the Board the Ashley Manor is his sole asset and only means of income. Findings of Fact: At the Hearing of November 04, 1998, the Board found the following findings of fact as related to Appeal No. 1998-62-B, with reference to the Variance to Section 3-1.1(3)(F) subsections (b) and (h): 1. The applicant is Donald J. Bain d/b/a Ashley Manor. The property address is 3660 Main Street, Barnstable, MA as shown on Assessor's Map 317, Parcel 021.001. The property in issue is located in the RF-2 Residential F-2 Zoning District and an AP -Aquifer Protection Overlay District and consists of approximately 1.86 acres. 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) 2. The site is occupiedp by at least two structures; a larger home and a cottage, totaling 5,186 square feet. The main building consists of seven bedrooms-five for guests in the Bed and Breakfast operation and two for the owner's use. The garage was built around 1935 and in the 1970s or 1980s was converted from a garage use to a seasonal cottage use for lodging. 3. The main house was built over 250 years ago and is listed in the National Register of Historic Places. This main house has several features related to it in that it is a rather large house on a fairly large lot having been built long before zoning as a house with many bedrooms. 4. The property has received a Certificate of Appropriateness from the Town of Barnstable Old King's Highway Historic District Committee. 5. The site plan for the property was found approvable by the Site Plan Review Committee. 6. The purpose and intent of the Zoning Ordinance with reference to a Bed and Breakfast, is to allow for Bed and Breakfast operations in larger older homes to provide an adaptive reuse for these structures and in so doing encourage the maintenance and enhancement of older buildings which are part of the community character. The intent is to also make sure the use will create low intensity accommodations for tourists and visitors. 7. Allowing the Petitioner to vary Subsection (b) of Section 3-1.1(3)(F) of the Zoning Ordinance would not be in derogation of the Zoning Ordinance. Under MGL Chapter 40A Section 10, there are conditions unique to this property, in particular the structure, given the large size of the structure and given the number of rooms that have existed and the fact that the subject itself is so large that it requires annual maintenance. The structure is unlike many structures in the area because it is a historic structure and it is so large. The structure is part of the overall topography of this particular area given the fact that the structure contains the number of bedrooms that it does contain. 8. The relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance since it is the intent of the Zoning Ordinance to preserve older houses. 9. The petitioner has indicated that the renting of six(6) rooms is absolutely necessary for purposes of maintaining the building and it would be in compliance with the spirit and intent of the Zoning Ordinance to provide for lodging in historic houses and allow for these historic house to be maintained. The petitioner has provided a Proforma (as part of his application)which definitely shows the cash flow- in and out-for six (6) guest rooms. Based upon six (6) guest rooms, the total projected income is$129,000 with total projected expenses of$106,000 for a proposed profit margin of$23,051. That is hardly sufficient sums of money to maintain what is currently on site. 10. It would be a significant hardship to the Petitioner if he were not able to maintain not more six (6) rooms for rent to not more than twelve (12) lodgers. 11. This would be a low intensity accommodation given the seasonal nature of the tourist business as well as the fact that this property consists of almost two (2) aces of land. This equates to almost two acres of land for fourteen (14) people which is not an intense use of the land. 12. To grant relief to subsection (h) of Section 3-1.1(3)(F)to allow for the transfer of the Special Permit would be in derogation of the spirit and intent of the Zoning Ordinance. To allow for the sale or transfer of a Bed and Breakfast Operation not knowing who will be running it, runs the risk of having an unsuitable situation and could result in an adverse affect on the residential neighborhood affected. The Vote was as follows: AYE: Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: Gail Nightingale Ms. Nightingale expressed concern that the Variance conditions as cited apply to main house and not the cottage. 4 I Town of Barnstable-Zoning BoardOppeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) Decision: Based upon the findings a motion was duly made and seconded to grant the Applicant the relief requested for the Variance to Section 3-1.1(3)(F) subsection (b) only, subject to the following terms and conditions: 1. Any such variance granted, to the portion of the Special Permit discussed and granted, should not be construed to be a variance that runs with the land and therefore is transferable. This Variance is conditioned upon the fact that it is not transferable. 2. In addition to the two (2) bedrooms in house used by the owners, not more than six (6) additional bedrooms can be utilized (for the Bed and Breakfast Operation) on the site-whichever way they can be utilized - without the necessity for additional construction. If, in fact, the applicant is able to provide for the additional bedroom in the main house, he may do so, but there shall not at any time be more than six(6) bedrooms used for lodging to not more than twelve (12) lodgers. 3. The owner shall be responsible for the operation of the property and shall be a resident of the property at all times when the Bed & Breakfast is in operation. 4. The owner of the property shall file an affidavit letter with the Building Commissioner on an annual basis in the month of January stating that the property is his principal residence and that he is in residence at all times that the Bed and Breakfast is being operated in not more than six room to not more than twelve (12) lodgers at any one time. 5. Breakfast only may be served to guests, but in no instances shall cooking facilities be allowed in any room being rented. Cooking facilities include, but are not limited to stoves, microwave ovens, toaster ovens, and hot plates. This includes the accessory cottage structure. 6. The property shall be maintained so that the appearance of the building and grounds remain that of a single- family residence. 7. The parking area shall be screened by mature plantings which shall be placed so as to secure the privacy of the adjoining lots. 8. The total number of bedrooms, nor the size of the bedrooms, in either the dwelling or the cottage shall not be increased or expanded. 9. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent properties. 10. No noise level beyond the level cited in the Town Ordinance shall be allowed to penetrate the area. 11. Signage shall not be interior illuminated and shall not exceed four sq. ft. in area. Signage must receive Old King's Highway Historic District Committee approval. 12. The locus shall comply with all Town of Barnstable Building and Health Divisions regulations and requirements, as well as any Licensing and Fire Department Requirements. 13. An alarm system shall be installed on the premises to the satisfaction of the Barnstable Fire Department and shall be wired directly to the fire dispatch center, or to any other dispatcher to be determined by the Barnstable Fire Department( as requested in the January 05 1998, letter from Barnstable Fire Department, Glenn B. Coffin, Captain). Discussion: There was a discussion among the Board Members about whether the cottage should be included in the bedroom count since it is not a historic structure and there are no variance conditions related to the cottage. It was noted the Bed and Breakfast Special Permit limits the operation to be located within an older, existing owner-occupied single family residential dwelling - not an accessory cottage. Additional/Modified Condition for Condition#2 (above): 2. The renting of up to six (6) bedrooms for a Bed and Breakfast Use, is allowed in the main house only, without new construction. The cottage may not be used as part of the Bed and Breakfast Operation for rental to lodgers or used as a separate bedroom for lodging purposes. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, Gene Burman, and Chairman Emmett Glynn NAY: None 5. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1998-62-Bain Variance to Section 3-1.1(3)(F),Subsections(b)&(h)and a Use Variance to Section 3-1.1(1)(A) Order: Variance Number 1998-62 -B,the request for a Bed and Breakfast,for up to twelve(12) lodgers in six(6) bedrooms in the main dwelling only, has been Granted with Conditions. Relief to subsection (h)was not granted. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appe Is of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) dayyffafter the d e e filing of this decision. A copy of which must/be filed in the office of the Town Clerk. A 4V , 1998 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this 9C day f 999 un-&r the ins and penalties of perjury. r- Linda Hutchenrider, Town Clerk 6 Town of Barnstable Planning Division Staff Report 1 Thomas A.Broadrick,Director Planning,Zoning&Historic Preservation 3660 Main Street Realty Trust Appeal 2004-109-transfer of the existing Conditional Use Special Permit Number 1998-61B Appeal 2004-110-transfer of the existing Variance 1998-62B Transfer of existing Ashley Manor Bed&Breakfast of 6 room/12 guest bed and breakfast. Date: July 29, 2004 To: Zoning Board of Appeals Art Traczyk,Principal Planner Petitioner: 3660 Main Street Realty Trust,Vincent J.Toren and Patricia A.Martin,Trustees Property Address: 3660 Main Street(Route 6A),Barnstable,MA Assessor's Map/Parcel: Map 317 Parcel 021.001 Zoning: Residence F-2 Zoning District Filed:March 24,2004 180 day Extension Hearing.May 26,2004 Decision Due: Copy of Public Notices: Appeal 2004-109-3660 Main Street Realty Trust,Vincent J.Toreno and Patricia A.Martin,Trustees have requested the transfer of the existing Conditional Use Special Permit Number 1998-61B issued for the operation of the existing Ashley Manor Bed.&Breakfast. The property is shown on Assessor's Map 317, Parcel 021.001 addressed as 3660 Main Street(Route 6A),Barnstable,MA in a Residence F-2 Zoning District. Appeal 2004-110- 3660 Main Street Realty Trust,Vincent J. Toreno and Patricia A. Martin,Trustees have requested the transfer of the existing Variance 1998-62B issued for the existing Ashley Manor Bed& Breakfast to allow for a 6 room, 12 guest bed and breakfast. The property is shown on Assessor's Map 317, Parcel 021.001 addressed as 3660 Main Street(Route 6A),Barnstable,MA in a Residence F-2 Zoning District. Background: The applicant seeks to transfer the existing Ashley Manor Bed&Breakfast Conditional Use Special Permit Number 1998-61B coupled with Variance Number 1998-62B to allow a 6 room, 12 guest bed and breakfast. The permit and variance were originally granted by the Board on November 4, 1998 to Donald J.Bain. The permit and variance were conditioned that they not be transferred without permission from the Board. On March 14,2001,the Board allowed the transfer of the Special Permit and Variance from the name of Donald J. Bain into the name of Kathryn A. Callahan, (Callahan&Associates,Inc.) (Appeals 2001-23 &24). Again the Board conditioned the transfer of the permit and variance to the applicant. Today,the applicants seek to Planning Division-Staff Report have the permit and variance transferred to them to allow the continued operation of the Bed&Breakfast. There are no proposed changes in the site or in the number of rooms or lodgers. The property consists of approximately 1.86 acres located on Main Street(Route 6A)in Barnstable Village. It is improved with a 5,394 sq. ft. two plus story wood frame dwelling, a 616 sq. ft. cottage and a 220 sq. ft. shed. According to assessor's records,the main residence was originally constructed around 1720. The cottage is listed as being built around 1935. The site is served by public water and a private on-site septic system. Relief Requested: The applicant before the Board today,is seeking to continue the use of the dwelling as a 6-room, 12-lodger bed and breakfast and has requested the Board to allow the existing Special Permit and Variance to be transferable to them as the new owner of the property. The applicant is not proposing any changes in the site and no changes in the number of rooms or lodgers. All Bed&Breakfast Special Permits are conditioned as per provision"h"of Section 3-1.1(3)(F)to the owner of the dwelling and are not transferable with the transfer of the property. Staff would recommend that the Board consider issuing a new Conditional Use Bed and Breakfast Special Permit and a new Variance to provision `b' of Section 3-1.1(3)(F)Bed and Breakfast to allow for 6 rooms with up to 12 lodgers rather than rely upon the earlier relief. Suggested Conditions': Appeal 2004-109- Conditional Use Special Permit If the Board should find to grant the Conditional Use Special Permit,it may wish to consider imposing the following conditions and restrictions: This permit is issued pursuant to Section 3-1.1(3)(F)for a Bed and Breakfast for up to three(3) bedrooms and for not more than six(6)lodgers within an existing owner-occupied single-family residential dwelling and is subject to all restrictions and provisions of that section and with the following additional conditions: 1. The property shall be maintained in accordance with the submitted Site Plan of Ashley Manor prepared by"Down Cape Engineering,inc."dated 2/12/98 and revised 9/22/98. 2. The property shall be maintained so that the appearance of the building and grounds remain that of a single-family residence. t Note—The proposed conditions are taken from those imposed in the prior permit and variance issued. They have been reduced to reflect the elimination of duplicated restriction and those already contained within the zoning ordinance. 2 Planning Division-Staff Report 3. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent properties. 4. Signage shall not be interior illuminated and shall not exceed four square feet in area. Signage must receive Old King's Highway Historic District Committee approval. 5. The locus shall comply with all Town of Barnstable Building and Health Divisions Regulations, Licensing, and Fire Department Requirements. Appeal 2004-110-Variance If the Board finds to grant the Variance to provision"b"of Section 3-1.1(3)(F)to permit the renting of up to 6 rooms for a total of 12 guests,they may wish to consider the following conditions: This Variance is granted only to provision"b"of Section 3-1.1(3)(F)Conditional Use Bed and Breakfast Special Permit Number 2004-109 to allow for up to six(6)bedrooms for not more than twelve 12)lodgers within the existing owner-occupied single-family residential dwelling and is subject to all other restrictions and provisions of that section,all conditions of Special Permit Number 2004-109 and with the following additional conditions: 1. This variance shall only be used in combination with Special Permit 2004-109. Should that permit expire or lapse,this variance shall expire. 2. The structures located on the property shall not be expanded in footprint,gross area, or in the number of bedrooms without permission from the Zoning Board of Appeals. 3. The location of all of the six(6)bedrooms that are used for lodging shall be restricted to being located only within the principal structure located on the property. The accessory cottage structure located on the property shall not be used as part of the Bed and Breakfast Operation for rental to lodgers or used as a separate bedroom for lodging purposes. Use of the cottage is restricted to the property owners only. 4. The restrictions of no cooking facilities include,but are not limited to stoves,microwave ovens, toaster ovens, and hot plates shall include the accessory cottage structure. 5. No noise level beyond the level cited in the Town Ordinance shall be allowed to penetrate the area. 6. An alarm system shall be installed on the premises to the satisfaction of the Barnstable Fire Department and shall be wired directly to the fire dispatch center, or to any other dispatcher to be determined by the Barnstable Fire Department. Copies: Petitioner/Applicant Attachments: 3 Planning Division-Staff Report Copy of Section 3-1.1(3)(F) Bed and Breakfast Intent: It is the intent of this section to allow Bed and Breakfast operations in larger older homes to provide an adaptive reuse for these structures and in so doing,encourage the maintenance and enhancement of older buildings which are part of the community character. This use will also create low intensity accommodations for tourist and visitors and enhance the economic climate of the town. By requiring that the operation is owner occupied and managed,the town seeks to ensure that the use will be properly managed and well maintained. Bed and Breakfast, subject to the following conditions: a) The Bed and Breakfast operation shall be located within an existing, owner-occupied single-family residential dwelling constructed prior to 1970 containing a minimum of four bedrooms as of December 1, 1996. b) No more than three(3)bedrooms shall be rented for Bed and Breakfast to a total of six guests at any one time. For the purpose of this section,children under the age of(twelve) 12 years shall not be considered in the total number of guests. c) No cooking facilities including but not limited to stoves,microwave ovens,toaster ovens and hot plates shall be available to guests, and no meals except breakfast shall be served to guests. d) The owner of the property shall be responsible for the operation of the property and shall be resident when the Bed and Breakfast is in operation. The owner shall file an affidavit with the Building Commissioner on an annual basis in the month of January stating that the property is the principal residence of the owner and that the owner is resident at all times that the Bed and Breakfast is being operated. If the affidavit is not filed,the operation shall cease forthwith and any Special Permit issued shall be considered null and void. The requirement for filing of an affidavit shall not apply to Bed and Breakfast operations legally established prior to October 1, 1996. e) The single family residence in which the Bed and Breakfast operation is located shall be maintained so that the appearance of the building and grounds remain that of a single-family residence. f) If the property is not served by public water,the applicant shall provide evidence to the Zoning Board of Appeals that the proposed use will not have any detrimental impact on any private water supply on- site or off-site. g) No parking shall be located in any required building yard setback, and parking areas shall be screened from adjoining residential properties by a fence or dense plantings,not less than five feet in height. Parking areas may be permitted in front of the house,not within the required building front yard setback,provided that the Zoning Board of Appeals finds that the spaces are designed and located in a manner which retains the residential character of the property. Grass overflow areas may be utilized for parking provided these are maintained with a grass ground cover in good condition. h) The Special Permit for the Bed and Breakfast Conditional Use operation shall be issued to the owner only, and is not transferable to a subsequent property owner. This provision shall only apply to Bed and Breakfast Conditional Use operations established in Residential Districts. Added on Feb. 20, 1997 by a 9 Yes 2 No vote of the Barnstable Town Council) 4 tshley eXacnor q a small country inn June 18,2004 Zoning Board of Appeals Planning Department Town of Barnstable 230 South Street Hyannis, MA 02601 Re: Petitioner Vincent J.Toreno&Patricia A. Martin Property The Ashley Manor, 3660 Main St., Barnstable, MA Assessor's Map/Parcel Map 317, Parcel 021-001 Dear Board Members: This is an application for either the transfer or re-issuance of Special Permit 1998-61 B and Variance 1998-62B. As the current owner of the premises, I am currently licensed and permitted to operate a Bed&Breakfast with 6 guest rooms for a maximum of 12 lodgers. It is the Petitioners intention to operate the B&B in substantially the same manner as the current owner. The only change in use will be ownership. There are no plans to build or expand the premises, no building permits are being requested, however, Mr.Toreno and Ms. Martin will be applying for all required local permits and licenses as required by the Town and the Commonwealth. The Petitioner's have entered into an Agreement to purchase the premises and its business so they are requesting the opportunity to appear before this Board at the earliest opportunity that can be found. If you would like further information regarding the business backgrounds of the Petitioner's,they will happily provide this for you. Both do have extensive business experience. The premises is located in a RF-2 Residential F-2 Zoning District,AP Aquifer Protection Overlay with an Historical District. Box 856 • 3660 Olde Kings Highway • Barnstable, MA 02630 • (508) 362-8044 E-mail: stay@ashleymanor.net • Web: www.ashleymanor.net A The Petitioner's shall continue the current permitted use of the premises in accordance with all restrictions imposed by the 1998 Special Permit and Variance and in accordance with all local and state regulations and statutes. It is my hope that the Zoning Board can grant the Petitioner's an early meeting slot on your upcoming agendas and I will participate as necessary and appropriate to assist them and/or the Zoning Board in a speedy transaction of this request. Sincerely, D 2y ,0 Kathryn A./Callahan President Callahan&Associates, Inc. DBA: Ashley Manor 00 Page 1 of 1 Rothman, Peggy From: Paul R.Tardif, Esq. [vze4phx9@verizon.net] Sent: Wednesday,July 07, 2004 10:47 AM To:Rothman, Peggy Subject: Vincent J. Toreno and Patricia Martin Peggy: Sorry for the confusion on this but I am on vacation beginning now. If the notices have not gone out for the above referenced matter, could you please amend the petitioner name on the applications to 3660 Main Street Realty Trust, Vincent J.Toreno and Patricia A. Martin, Trustees. The hearing is scheduled for August 4, 2004. All other information will remain the same. Thanks for your help and I hope your vacation was Rabe. C_) u Paul R. Tardif r; ptardif@tardiflaw.com 0a F" I r5 7/8/2004 IPage 1 of 1 Rothman, Peggy From: Paul R. Tardif, Esq. [vze4phx9@verizon.net] Sent: Wednesday, July 07, 2004 10:47 AM To:Rothman, Peggy Subject: Vincent J.Toreno and Patricia Martin Peggy: Sorry for the confusion on this but I am on vacation beginning now. If the notices have not gone out for the above referenced matter, could you please amend the petitioner name on the applications to 3660 Main Street Realty Trust, Vincent J.Toreno and Patricia A. Martin,Trustees. The hearing is scheduled for August 4, 2004. All other information will remain the same. Thanks for your help and I hope your vacation was nice. Paul R.Tardif ptardif@tardiflaw.com I 7/8/2004 V 0 n l MPP318!1 x/ 31 u u 009 0 MAP318O l I' MAP 318 0 10 MAP3ie--'' 0 03606 III a MAP 318 028 0 AL \ \ 3 0 MAP 318037 NIL 115 318 318 MAP 317 MAP 317 0 018317I— i k/ 317 / 1 P11PP 318 3 fix 1 1 k MAP 317. XI L Rol 11 L I X 42 2 k x ' LX 9 l MAP 317' ED 17 I MAP 317 14 MAP 317 027 3730 i O MMMAAA AV- AL 1 31 317AV- P73+1 AL v 1 I 3 LJ MAP i 317AV- 1 5 1 365 1 1-7 7 I 031-001 4.II#31#33 1 x N I MAP 317 PARCEL021 -001SCALE. 1 -200 w E WITH 3.00** BUFFER s NOTE: Planimetriq topography,and **NOTE: The parcel lines are only graphic representations DATA SOURCES: Planimetria(man-made features)were interpreted from 1995 aerial photographs by The James vegetation were mapped ro meet National of property boundaries.They are not true locations,and W.Sewall Company. Topography and vegetation were interpreted from 1989 aerial photographs by GEOD Map Accuracy Standards at a sale of do not represent actual relationships to physical objects Corporation. Planimetrics,topography,and vegetation were mapped to meet National Map Accuracy Standards 111=100'. on the map. at a sale of 1"=100'. Parcel lines were digitized from FY2004 Town of Barnstable Assessors tax maps. I 1 j / 'S925 DENNIS & P 3 L_ i i 11 s j i MAP LOCUS MAP 1" 2000' ERNEST LOCU S F /rv\ ~"(. I-% i< CAMELIO, TRU EE ' j//j r ASSESSORS MAP 317 PARCEL 21-1 PLAN REF. LCP 349018 FLOOD/ Xi '/ COMMUNITY PANEL # 250001=0001EDEXISTINGUSE: 6 GUEST ROOM BED & BREAKFAST WITH TWO OWNERS BEDROOMS ZONING DISTRICT: RF-2 LOT SIZE: 1 AC. MIN. PROPOSED USE: 8 GUEST ROOM BED & BREAKFAST SETBACKS: h j j f sJ pp YITH TWO OWNERS BEDROOMS FRONT 30 SIDE REAR 15 SEPTIC ANALYSIS: AP AQUIFER PROTECTION DISTRICT 1 <'•mar 1 n j' TITLE 5 1978 CODE: FLOW:ASSUME 10 BEDROOM HOUSE OLD KINGS HIGHWAY REGIONAL t j /' X 110GPD = 1100 GPD DESIGN FLOW HISTORIC DISTRICT 1{ SEPTIC TANK: 1000 X 1.5 = 1650 GAL SEPTIC TANK REQ. SOIL TYPES: ExrsTwD,rocs By IC..a Lc.a n, TD.F.sFRAo, ---2500 GAL. TANK PROVIDED ./-Hn6 HINESBURG SANDY LOAM j j so/M EounoG..o pETUEs Pet I y /CdD CARVER COARSE SAND yPnt AS 1 Cu,p/w0.E,ERN0 RROS. T w+vDa.sgAULOP/,./°2 s4S' J LEACHING: 16'0 X 14' DEEP PIT (FROM INSTALL. REC.) Ebs,NL 2500 Oti SC>M tom. C,• p 1 SIDES: (14)i((14)= 616 SF X ?S r.on/cr _ ,>;oo cnn OWN PERlAP1.ICANT BOTTOM: 7((7)' = 154 SF X 3000 MAIN 6'l'htGtl 770 SF 1693 GPD BARNSTABLE, MA OZ630 3)E Nc«.cn j/!f L PHONE: 362-8044 1693 GPD > 1100 GPD . SEPTIC FOR COTTAGE: 330 GPD DESIGN FLOW > 110 GPD f ATTY: PETER L. FREEMAN j %/ O!• Csm,Pt-ERo s ' y /•tip++PROPOS`EO 2 STORY ADDITIO f) i LICE S. H"y-, LIPMAN. DRUMMOND & FREEMAN L1OL z 's x ATTORNEYS AT LAW Nc,+u(NDwc 6s' \a•, vR CE s0 ii NOTE: TIRE S. 1995 WOULD REQUIRE A 2200 GAL SEPTIC TANK j Ain,T 1 2500 GAL. PROVIDED)AND 1487 SF LEACHING (904 SF PROVIDED) 86 WILLOW ST. tAs.c J YARMOUTHPORT, MA 02675 l 4sc\ 4 PA.eutN, FCR C(AS$ I SOIL$)I• / t•,s.aero. PHONE: 362-4700 SEPTIC INSPECTION REPORTS HAVE BEEN SUBMITTED ON THE MAIN HOUSE, //' rt'•W'P"C -s'' Eew'oawi*n \ v) I 6 ANDB AND THE APARTMENT (COTTAGE) DATED 2-19-98 AND 1-23-98 RESPECTIVELY.FAX 362-8281 f as J ') tee.' .' DRAINAGE: THE EXISTING DRAINAGE SYSTEM CONSISTS OF GRASS $WALE$ AND 8 LOW AREAS WHICH CONTAIN THE MAJORITY OF THE STORM WATER RUN OFF ON THE SITE. J// ARCHITECT: toR sPOT1 a. THE/ AREAS AL PERVIOUS GRAVEL PARKING SPACES PLANNED ARE PITCHED TOWARD NATURAL FENUCCIO & RICHMOND ARCHITECTS LOW AREAS WHICH WILL ABSORB THE SMALL ADDITIONAL FLOWS ANTICIPATED. RICK FENUCCIO 923 MAIN ST. RT 6A PARKING. 1.2 SPACES PER BEDROOM YARMOUTHPORT. MA 02675 1.2 X 8 = 10 SPACES REQUIRED PHONE. 362-8382 2 1/2 STDRY SL1MC[ 1 1 SPACES PROVIDED FAX: 362-2828 N.o(2) ti s.uvaC \ J- O 1C PE CONPSalS `, ' G.S KTtA 1 , SEC OTE«?3 RCCPv J\ T\\ nSTNC CO O+.Na^ 1L q ., PRoPosn roc[oUvCC a / ,• l Ov DNS 0 T rP El n T A AT 1,'; GENERAL NOTES:ASHIEY MANOR e;l THE EorAnoN O Ev5,N1-M0 GROWO v UnL3 sNo w t. .5 .N 15 3660 hfAIN STREET 1 M0c[ I, N O-ATE. ,N°OR 10 ANT E.0 ON nRS 91E.Mt E><U VATNO l,l+-- CWTRACTCR 9 NARC IRE AVA REWREO 72 N011R MOn11 nC.+TO aL S.FE 0_ BARNSTABLE, MA 02630 111 E E-3..-7233) .Ni OrNER UTTUTICS w NAY NAK tCAa2.P'PE ON ORnS OCr[Niid+uG t COV rE«,a TMC p+3TEr CrgR..RE.FOR~CAT"OPSLOCAOON DONALD J. BAIN, OWNERA:).(` 2. CONSTRLKTO:-E1NAES,tXIMo -n.AND MEINODS CTADIED ON THIS PRO CT R:RK 9u11 CON10-T7. ne TOv.+OF OwRNSTAgtF SURONS KG ATONS ANO\OF THE UA55 NVSCTTS 0 —ENT OF PUSUC TRORKS"-OARD SP IK2NS FOR EA=E5 AND NKHNArS AS N+E./JCD TO PRESENT. btc 3.vERfY 5 RUCTURA 0054-OF--lMENT AN5E%S-C PRECAST 1- D N_N NOT 20 IUTED auv.Tf1LGO Tr Z , I Ex r aEAP ARa1Np sTRvcnF:ES AND Pam.ry To'mNo+Ert stAe of Soon P9 cars. DATE: 2-72-98 SCALE: 1" = 20'RE-OYSO—6L•S 06 RARS.T 12"O.C.3-QUR 01 OOTTW EACH-1 AND H'S.,12'LR.TOP REVISED: 9-22-98P Tr f E: Surf Nf: -20 I A5 PRESENTLY WC ST N S O MiCS(OalaF RCB.w AT[D65), fa011gN aMEN5,Or5,u15C,Or:$[P1K. LS L' eQ SKAM T•ANO PATCH PAYWUT mV REPEA-ECASTCE FFA REw•RmD f0 sA.rE IR,C wN0 PrAJ'C. 20 0 IO - RMQFF TO SE CO«TNNE°ON CORK. 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