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Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeals 2001-88, 89, & 90
Peck Nominee Trust
Variance—3-1.3(5) Bulk Regulations & 3-5.3 Resource Protection Overlay District Regulations
Summary: Granted with Conditions
Petitioner: Peck Nominee Trust,Kathleen Silvia,Trustee
Property Address: 49,44(A),and 44(B)Warren Street, Osterville,MA.
Assessor's Map/Parcel: Map 139,Parcels 074,067
Zoning: Residential F-1 &Resource Protection Overlay Zoning Districts
Background & Review:
The property that is the subject of these appeals consists of two lots: Parcels 067 and 074, commonly
addressed as 44 and 49 Warren Street, respectively. Both parcels are presently being used as a contractor's
office, shop, and storage yard.
Parcel 067 is a 0.46-acre lot developed with a two-story commercial warehouse with a gross floor area of
approximately 4,017 sq. ft.
Parcel 074 consists of 0.52 of an acre and is located across Warren Street. It is improved with a
garage/storage outbuilding accessory to the contractor's use of Parcel 67.
An Approval Not Required(ANR).plan signed by the Planning Board on May 21, 2001 divided Parcel
067 into two 0.23-acre lots-Lots A and B, recorded in Plan Book 567,page 17. The petitioner is
proposing to demolish the existing buildings on the property:and redevelop each of the three undersized
lots with one single-family dwelling and garage.
The property had been issued special permits 1999-112, 113, 114, and 115. Those permits authorized a
change in the non-conforming use and an alteration and expansion of the pre-existing structures to permit
construction of a two-story, 5,191 sq.ft.,two-unit residential condominium building on each of the lots.
The permits were'appealed and this'request is a compromise between the applicant and neighbors.
The sites are located in a Residential F-1 Zoning District and a Resource Protection Overlay District that
permits detached single-family residences as-of-right on two-acre lots. The bulk regulations also require a
minimum lot width of 125 feet and a front yard setback of 30 feet. The side and rear yard setbacks are 15
feet.
Procedural &Hearing Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
May 23, 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 notice was sent to all abutters in accordance with MGL Chapter 40A. The hearing was
opened August 22,'2001, at which time the Board found to grant the variance with conditions.
I
Board Members deciding this appeal were Daniel M. Creedon, Gail Nightingale, Richard L. Boy,Ralph
Copeland, and Chairman Ron S.Jansson. Attorney Philip M. Boudreau represented the applicant. The
Board noted that there are three separate appeals and parcels before them. The Board and applicant
agreed to have all three appeals heard concurrently as it is one "project" being proposed.
Mr. Boudreau explained that Peck Nominee Trust is the owner of the three properties. The properties
are located on opposite sides of Warren Street and constitute legal pre-existing nonconforming uses and
structures. Mr. Boudreau gave a history of the uses of the various structures from the 1920's to the
present. The 44A and 44B Warren St. properties have been used as construction business offices and for
the storage of construction materials and business vehicles. The 49 Warren Street property has two multi-
bay garage-type structures connected by storage racks..
Mr. Boudreau stated that the petitioner has negotiated an agreement with the abutters to allow for the
construction of three single-family dwellings._This proposal will be a downsizing from the relief
previously granted and will be in more conformity with the immediate surrounding neighborhood.
Mr. Boudreau stated that the petitioner seeks to demolish the existing structures and construct three
single-family dwellings with garages on the three parcels.
Furthermore, it is proposed that an agreement for judgment be entered into and that Special Permits
1999-112, 113, 114 and 115 be vacated.
Attorney Michael Ford representing the abutters spoke in support of the proposal.
Findings of Fact:
At the hearing of August 22,2001,the Board unanimously made the following findings of fact:
1. The property that is the subject of these appeals consists of two lots, Parcels 067 and 074,
commonly addressed as 44 and 49 Warren Street, respectively. Both parcels are presently being
used as a contractor's office, shop, and storage yard.
2. Parcel 067 is a 0.46-acre lot developed with a two-story building described as a commercial
warehouse with a gross floor.area of approximately 4,017 sq. ft.
3. Parcel 074,which consists of 0.52 of an acre, is located across Warren Street to the south. It also
fronts onto East Avenue. It is improved with a garage/storage building described on the assessor's
field card as an accessory outbuilding to the contractor's use of Parcel 67.
4., An Approval Not Required(ANR) plan that divides Parcel 067 —44 Warren Street-into two
0.23-acre lots was prepared and signed by the Planning Board on May 21, 2001. This plan is part
of the records of this board.
5. 'The petitioner is proposing-to demolish the existing buildings on the property and redevelop each.
of the three undersized lots with a one single-family dwelling and garage. The Site is within the
AP-Aquifer Protection Overlay District and on-site septic disposal should not pose a problem or
restrict the number of bedrooms for the dwellings. The property is surrounded by a residential
neighborhood and continuation of the commercial use would be inconsistent with the best
interest of the neighborhood and the intent and purpose expressed in the Zoning Ordinance. .
6. In September of 1999,the Board authorized a change in the non-conforming use and an
alteration, expansion of the pre-existing structures to pernut construction of a two-story, 5,191
2
l
sq.ft.two-unit residential condominium building on each of the lots. Each unit was a three-
bedroom dwelling (Appeal 1999-112, 113, 114, and 115). The neighbors appealed the granting of
the permits.
7. Owing to conditions that especially affect the property and not the Zoning District in which it
lies, a literal enforcement of the Zoning Ordinance would involve a substantial practical and
financial hardship for the petitioner to rehabilitate structures and uses which have become out of
place in the surrounding neighborhood. Those are conditions that relate to the rather unique
topography of the structures on the property. Allowing the proposed relief would not
substantially derogate from the intent and purpose of the Zoning Ordinance and would not be a
substantial detriment to the neighborhood affected nor to the public good.
Decision:
Based on the findings of fact, a motion was duly made and seconded to grant the variances requested with
the following conditions:
1. Lots A and B are each to be used for one single-family dwelling with an attached two-car garage.
Each dwelling, excluding the garage, shall not exceed 2,300 sq.ft. of living area and not more than
three bedrooms.
2. The new plan approved by the Planning Board on 5/21/01 shall be recorded at the Barnstable
County Registry of Deeds
3. Parcel 74 is to be used for a single-family dwelling with an attached-two-car garage. The dwelling,
excluding the garage, shall not exceed 3,200 sq.ft. of living area and not more than four bedrooms.
4. None of the dwellings are to be used for any other purpose except as a residence for a single
family,their domestic help,and non-paying guests. The dwellings can be rented only as a single-
family residence, and only if it is for a period of not less than six (6) months.
5. The dwellings shall be of Cape Cod or Nantucket style architecture, shall have architectural grade
or red cedar roof shingles,with shingle sidewalls (with clapboards optional on the street fagade),
and underground utilities.
6. Each of the structures shall differ in appearance from each other. No two shall be identical in
appearance.
7. Once the appeal period has expired on this decision,the applicant,town, and abutting neighbors
shall enter into an agreement to nullify and rescind the previous issued special permits (Appeals
2001-112, 113, 114, and 115). A copy of that signed agreement shall be submitted to the Board for
its files.
The vote was as follows:
AYE: Daniel A Creedon, Gail Nightingale,Richard L. Boy,Ralph Copeland and Ron S.Jansson
NAY: None
Ordered:
This variance is granted to all three parcels with.applicable conditions. 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.
3 .
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.
�1 0
Ron S.J on, 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 been filed in the office of the Town Clerk.
Signed and sealed this =day ofJ,,, CG under the pains and penaltis of perjury. .
Linda Hutchenrider, Town Clerk
4
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TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map �� 9 Parcel 7 Permit# .V _
Health Division P Date Issued 4 �~
Conservation Division / S T YO-2- Fee
Tax Collector
Treasurer z2k ,
Planning Dept.
Date Definitive Plan Approved by Planning Board
Historic-OKH Preservation/Hyannis'
Project Street Address. �1 0"-IZE t-j 15r, 0t>j r A ?
Village9�-�9
Owner � � �r�-�/�' Address
Telephone Sod-7`7Y-- 1`1 2-
Permit Request i614)J-5 AJ-L_ JEZ 1 ,s—n, fJ4 f5C)c-f7LAk-- L-� r i
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Square feet: st floor: existing proposed 2nd floor: existing proposed Total new
Valuation T ZoningDistrict Flood Plain Groundwater Overlay
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Construction Type
Lot Size Grandfatliered: ❑Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units)
Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No
Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths:. Full: existing new 'Half:existing new
Number of Bedrooms.. existing new
Total Room Count(not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other
Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No
Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing Cl new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes ❑No If yes, site plan review#
Current Use Proposed Use
BUILDER INFORMATION
Name fJio�J��- �7i J�-JJ/�. �� c; Telephone Number "�� -77�i
Address License# (:�5 ojel
Home Improvement Contractor# /d l� Z'7
Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATU DATE O�•O`���
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FOR OFFICIAL USE ONLY
Elf MIT NO. P
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MAP/PARCEL NO. '
ADDRESS VILLAGE
1 OWNER
DATE OF INSPECTION:
'FOUNDATION
FRAME
INSULATION
FIREPLACE
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ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH -FINAL
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GAS: ROUGH FINAL
FINAL BUILDING
DATE•CLOSED OUT
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ASSOCIATION PLAN NO.
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:o ■Complete items 1 and/or 2 for additional services. following Services(for an
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card to you.
N ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address •2
permit. 2.El Restricted Delivery m
■Write"Return Receipt Requested"on the mailpiece below the article number. ry (1)d ■The Return Receipt will show to whom the article was delivered and the date .,
delivered. Consult postmaster for fee. o
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Town of Barnstable
Building Division
367 Main St.
Hyannis,MA 02601
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Parcel Lookup - Parcels Page 1 of 1
Parcel(no dashes) Street no Street Village Owner name More Search Fields
Search
Warren Street Osterville
_.......__...--_ --._._...__...._........_., __..-...--..._. ..._._..._......................... L_...__...................._...__........................_......... .........................................................................._ Reset
Parcels Total Pages:1 Rows/Page: 10 ❑v
Parcel Location Village Owner Index Map —�
139-073 19 WARREN STREET Osterville SMITH,LAMAR S TR 1783 139073
139-089 33 WARREN STREET Osterville CURTIS,PAUL G&JANET L 1783 139089
139-067-001 40 WARREN STREET Osterville YAREMCHUK,MICHAEL 1&MARILYN K TRS 1783 1390670010
139.-074 49 WARREN STREET Osterville MCELROY,JOSEPHINE A 1783 139074
139-067-002 50 WARREN STREET Osterville BRESLIN,JOHN W&KATHLEEN H 1783 139067002
139-076 63 WARREN STREET Osterville SINGH,AJAY K&RITU 1783 139076
139-068 64 WARREN STREET Osterville ENGLISH,MARY ANNE 1783 . 139068
162-001 82 WARREN STREET Osterville WIANNO CLUB 1783 1620010
0 2018-Town of Barnstable-ParcelLookup
WARREN STREET,Osterville-NE OFF WEST STREET
https://Itsgldb.town.barn le.ma.stab us.8 4 07/ 6/16/2020 ,
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059.
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeals 2001-88, 89, & 90
Peck Nominee Trust
Variance —3-1.3(5) Bulk Regulations & 3-5.3 Resource Protection Overlay District Regulations
Summary: Granted with Conditions
Petitioner: Peck Nominee Trust,Kathleen Silvia,Trustee
Property Address: 49,44(A),and 44(B)Warren Street, Osterville,MA.
Assessor's Map/Parcel: Map 139,Parcels 074,067
Zoning: ' Residential F-1 &Resource Protection Overlay Zoning Districts
I
Background & Review:
The property that is the subject of these appeals consists of two lots: Parcels 067 and 074, commonly
addressed as 44 and 49 Warren Street, respectively. Both parcels are presently being used as a contractor's
office, shop, and storage yard.
• Parcel 067 is a 0.46-acre lot developed with a two-story commercial warehouse with a gross floor area of
approximately 4,017 sq. ft.
Parcel 074 consists of 0.52 of an acre and is located across Warren Street. It is improved with a
garage/storage outbuilding accessory to the contractor's use of Parcel 67.
An Approval Not Required (ANR) plan signed by the Planning Board on May 21, 2001 divided Parcel
067 into two 0.23-acre lots-Lots A and B, recorded in Plan Book 567, page 17. The petitioner is
proposing to demolish the existing buildings on the property and redevelop each.of the three undersized
lots with one single-family dwelling and garage.
The property had been issued special permits 1999-112, 113, 114, and 115. Those permits authorized a
change in the non-conforming use and an alteration and expansion of the pre-existing structures to permit
construction of a two-story, 5,191 sq.ft.,two-unit residential condominium building on each of the lots.
The permits were appealed and this request is a compromise between the applicant and neighbors.
The sites are located in a Residential F-1 Zoning District and a Resource Protection Overlay District that
permits detached single-family residences as-of-right on two-acre lots. The bulk regulations also require a
minimum lot width of 125 feet and a front yard setback of 30 feet. The side and rear yard setbacks are 15
feet.
Procedural & Hearing Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
May 23, 2001. An extension of time forholding 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 notice was sent to all abutters in accordance with MGL Chapter 40A. The hearing was
opened August 22, 2001, at which time the Board found to grant the variance with conditions.
I
•
Board Members deciding this appeal were Daniel M. Creedon, Gail Nightingale, Richard L. Boy, Ralph
Copeland, and Chairman Ron S.Jansson. Attorney Philip M. Boudreau represented the applicant. The,
Board noted that there are three separate appeals and parcels before them. The Board and applicant
agreed to have all three appeals heard concurrently-as it is one "project" being proposed.
Mr. Boudreau explained that Peck Nominee Trust is the owner of the three properties. The properties
are located on opposite sides of Warren Street and constitute legal pre-existing nonconforming uses and
structures. Mr. Boudreau gave a history of the uses of the various structures from the 1920's to the,
present. The 44A and 44B Warren St. properties have been used as construction business offices and for
the storage of construction materials and business vehicles. The 49 Warren Street property has two multi-
bay garage-type structures connected by storage racks..
Mr. Boudreau stated that the petitioner has negotiated an agreement with the abutters to allow for the
construction of three single-family dwellings._This proposal will be a downsizing from the relief
previously granted and will be in more conformity with the immediate surrounding neighborhood.
Mr. Boudreau stated that the petitioner seeks to demolish the existing structures and construct three
single-family dwellings with garages on the three parcels.
Furthermore, it is proposed that an agreement for judgment be entered into and that Special Permits
1999-112, 113, 114 and 115 be vacated.
Attorney Michael Ford representing the abutters spoke in support of the proposal.
• Findings of Fact:
At the hearing of August 22, 2001,the Board unanimously made the following findings of fact:
1. The property that is the subject of these appeals consists of two lots, Parcels 067 and 074,
commonly addressed as 44 and 49 Warren Street, respectively. Both parcels are presently being
used as a contractor's office, shop, and storage yard.
2. Parcel 067 is a 0.46-acre lot developed with a two-story building described as a commercial
warehouse with a gross floor.area of approximately 4,017 sq. ft.
3. Parcel 074,which consists of 0.52 of an acre, is located across Warren Street to the south. It also
fronts onto East Avenue. It is improved with a garage/storage building described on the assessor's
field card as an accessory outbuilding to the contractor's use of Parcel 67.
4. An Approval Not Required(ANR) plan that divides Parcel 067— 44 Warren Street-into two
0.23-acre lots was prepared and signed by the Planning Board on May 21, 2001. This plan is part
of the records of this board.
. 5. The petitioner-is proposing-to demolish the-existing buildings on the property-and.redevelop_each.
of the three undersized lots with a one single-family dwelling and garage. The Site is within the
AP-Aquifer Protection Overlay District and on-site septic disposal should not pose a problem or
restrict the number of bedrooms for the dwellings. The property is surrounded by a residential
neighborhood and continuation of the commercial use would be inconsistent with the best
interest of the neighborhood and the intent and purpose expressed in the Zoning Ordinance.
6. In September of 1999,the Board authorized a change in the non-conforming use and an
• alteration, expansion of the pre-existing structures to permit construction of a two-story, 5,191
2
•
sq.ft. two-unit residential condominium building on each of the lots. Each unit was a three-
bedroom dwelling (Appeal 1999-112, 113, 114, and 115). The neighbors appealed the granting of
the permits.
7. Owing to conditions that especially affect the property and not the Zoning District in which it
lies, a literal enforcement of the Zoning Ordinance would involve a substantial practical and
financial hardship for the petitioner to rehabilitate structures and uses which have become out of
place in the surrounding neighborhood. Those are conditions that relate to the rather unique
topography of the structures on the property. Allowing the proposed relief would not
substantially derogate from the intent and purpose of the Zoning Ordinance and would not be a
substantial detriment to the neighborhood affected nor to the public good.
Decision:
Based on the findings of fact, a motion was duly made and seconded to grant the variances requested with
.the following conditions:
1. Lots A and B are each to be used for one single-family dwelling with an attached two-car garage.
Each dwelling, excluding the garage, shall not exceed 2,300 sq.ft. of living area and not more than
three bedrooms.
2. The new plan approved by the Planning Board on 5/21/01 shall be recorded at the Barnstable
County Registry of Deeds
• 3. Parcel 74 is to be used fora single-family'dwelling with an attached two-car garage. The dwelling,
excluding the garage, shall not exceed 3,200 sq.ft..of living area and not more than four bedrooms.
4. None of the dwellings are to be used for any other purpose except as a residence for a single
family,their domestic help,and non-paying guests. The dwellings can be rented only as a single-
family residence, and only if it is for a period of not less than six (6) months.
5. The dwellings shall be of Cape Cod or Nantucket style architecture, shall have architectural grade
or red cedar roof shingles, with shingle sidewalls (with clapboards optional on the street fagade),
and underground utilities.
6. Each of the structures shall differ in appearance from each other. No two shall be identical in
appearance.
7. Once the appeal period has expired on this decision,the applicant,town, and abutting neighbors
shall enter into an agreement to nullify and rescind the previous issued special permits (Appeals
2001-112, 113, 114, and 115). A copy of that signed agreement shall be submitted to the Board for
its files.
The vote was as follows:
AYE: Daniel M. Creedon, Gail Nightingale,Richard L. Boy, Ralph Copeland and Ron S.Jansson
NAY: None
Ordered:
This variance is granted to all three parcels with applicable conditions. This decision mush 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.
3
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 on, 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 been filed in the office of the Town Clerk.
C/
Signed and sealed this _ day of`� LG under_the pains and pena�ti_s of perjury.
Linda Hutchenrider, Town Clerk
•
4
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WARREN S TREE T
" JOB # 02-063
CER TIFIED PL 0 T PLAN
FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT ONLY
LOCATION WARREN STREET OSTERVILLE MA PREPARED FOR:
SCALE : 1 " = 20' DATE : MAY 24, 2002
REFERENCE : LOT A PB 567 PC 17 SIL VIA & SIL VIA
I HEREBY CERTIFY THAT THE STRUCTURE �N Of
SHOWN ON THIS PLAN IS LOCATED ON THE EAR M
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CIVII. ENGINEERS At
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LAND SURVEYORS DATE REG. LAND R
939 main at yammouth, ma 02675
Apr--05-02 02 :42P Os-ter-ville Water Dpt 508 428 3508 P.02
Centerville-Osterville-Marstons Mills
Water Department
VA). RON 369- 1138 MAIN STREFT
OSTERVILLE,NIASSACHUSE"I"I'S U2655
OW( F'OF WATER
LIOARD 'W XVATF;:R COMMINSII)NI;K"' DEPT
'I F'.I,.No.50X-4-',X-664 I
FAX Ni, 50S 478-1508
April 5, 2002
Town ofBarristable
Building Dept.
367 Main Strcct
Hyannis, MA 026C)I
Re: AM)LIM ft219
Silvia& Silvia Associates
44 Warren Street
Osteri,:Ile, MA
GcnII e*mcn:
On Friday, April 5, 2002 �.ve dikotinceted the water service at the curb.
.stop f0r the house at the property mentioned above. it I.,; OLIF understanding the owner
plans to demolish the, house, rebuild and install -a new water line at a later(late.
[t'you have any Questions, please call our office at 508-428-06911
Very truly yo rs.
Crai ro(Aer,
Superintendent
r
Apr-05-02 O2 :42P Osterville Water Gpt 508 428 3508 P. 01
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. - - - - ✓ 1 - __ . ._- _ .. _ .._� _ _ -_ ._____
Town of Barnstable Zoning Board of A eals _
Notice of Public Hearing Under The Zoning Ordinance
August 22, 2001
To all persons interested in,or affected by the Zoning Board of Appeals under Section 11,of Chapter 40A of the uaneral a�vs
of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that:
i
7:45 P.M. Peck Nominee Trust Appeal 2001-88
Peck Nominee Trust,Kathleen Silvia,Trustee has applied for variances to Section 3-1.3(5)'Bulk Regulations and Section 3-5.3.-
Resource Protection Overlay District Regulations. The applicant seeks to demolish the existing structures on the premises and
construct a single-family dwelling and accessory_garage. The property is shown on Assessors Map 139,Parcel 074,addressed
49 Warren Street,Osterville,MA in a Residential F-1 Zoning District.
7:50 P.M. Peck Nominee Trust Appeal 2001-89
Peck Nominee Trust,Kathleen Silvia4 Trustee has applied for-variances to Section 34.3(5)Bulk Regulations and Section 3-5.3
Resource Protection Overlay District Regulations. The applicant seeks to demolish the existing structures on the premises and
construct a single-faraiiy dweuing and accessoiy ga age. .ttt:r tt,r,t.y.is st o..:i.as]Lot A on an Approval dot Required Plan
signed by the Planning,pgard on May 31,200L. That lot is a portion of Assessors Map 139,Parcel 067 it is addressed as
44(A)_Warien Street,Osterville,MA in a Residential-F-l-Zoning District.
7:50 P.M. Peck Nominee Trust Appeal 2001-90
Peck Nominee Trust,Kathleen Silvia,Trustee has applied for variances to Section 3-1.3(5)Bulk Regulations and Section 3
Resource Protection Overlay District Regulations. The applicant seeks to demolish the existing structures on the premises and
construct a single-family dwelling and accessory garage. The property is shown as Lot B on an Approval Not Required Plan
signed by the Planning Board on May 31,2001. That lot is a portion of Assessors Map 139,Parcel 067 it is addressed as
44(B)Warren Street,Osterville,MA in a Residential F-1 Zoning District.
• F
8:00 P.M. Don MacEachern Appeal 2001-91
Don MacEachern has applied for a variance to Section 3-1.4(5)Bulk Regulations. The applicant seeks to demolish the
existing structures on the premises and construct new primary residence and in-home office. The property is show on
Assessors Map 035,Parcel 091 addressed 904 Main Street,Cotuit,MA in a Residential F Zoning District.
8:00 P.M. Don MacEachern Appeal 2001-92
Don MacEachern has applied for a Modification of Special Permit No. 1979-68. The applicant seeks to demolish the existing
structures on the premises and construct new primary residence and.in-home boat/real estate broker's office. The property is
show on Assessors Map 035,Parcel 091 addressed 904 Main Street,Cotuit,MA in a Residential F Zoning District.
8:15PM Carreiro Appeal2001-93
Richard A.Carreiro has appealed for a Home Occupation Special PPrniit in accordance with Section 4-1.4(2). The home
'- •at °^u la:d^^caYe co.^.trader. The p:opert;r�S.�l;��v*�on P_ssesser's.Map 1n4 as Parcel 011 addressed 7.rJ
occi pettion is ut o
Wheeler Road,Marstons Mills,MA,in a Residential F Zoning District.
These Public Hearings will be held at the Barnstable Town Hall,367 Main Street,Hyannis,MA,Hearing Room,2"d Floor, .
Wednesday,August 22,2001. Plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of
Barnstable,Planning Division,230 South Street Hyannis,MA.
Barnstable Patriot r Ron S.Jansson, Chairman
08/02/01 &08/09/01 Zoning Board of Appeals
Comphir t qui y Report "
Date: I I �-1 OOJ Reed by: Assessor's No:
Complaint Name:
Location q.7
Address: 1 �—
WP
Originator Name:
Streee i(
ViIlage: State ziip:
-Telephone:D/C
Complaint - -�
Description:
Inquiry
Description:
Far OY=Use Only
Inspector's '-' o
Action/Comments Date: z_ = luspO!'
OGC 7�rr 2-� 7
C t?T S'z-
rouow-up
Action
Additional Info.Attached
Copy M=budon: Mlik--Dep=mwtFile
Yellow-Inspc=r
Pink.Inspector(]?Ca=to OlFce 3fanager/
r
I
I
Urenas Gloria
To: DiMatteo, Peter
Subject: FW: Complaint- Sylvia property Warren Ave Ost
-THIS WAS GIVEN TO R. STEVENS FOR INSPECTION--- HE WAS GOING TO INSPECT AND MAKE OUT A
REPORT----------
From: DiMatteo, Peter
To: Urenas Gloria
Subject: FW: Complaint- Sylvia property Warren Ave Ost
Date: Friday, August 10, 2001 12:39PM
From: Geiler Tom
To: DiMatteo, Peter; McKean Thomas
Subject: Complaint- Sylvia property Warren Ave Ost
Date: Thursday, August 09, 2001 1 1:4 6AM
I received a call from a Mr. Old (voice mail) about the above. Mr Old stated that he has complained to this
department and nothing is being done. He did not leave a phone number. (It sounded almost like a neighborhood
dispute rather than a code violation)
Does anyone have any info on this complaint?
Page 1
Building Department
Complaix t quiry Report
7
Assessor's No.:_
Date: Rec'd by: _---
Complaint Name:7;z./�I �f
Location
Address:
M/P
Originator Naine•
Street:
' State:
���: lap.
Telephone:D/C
r
Complaint
Description:
Inquiry 0
Description:
For Office Use Only
Inspector's ,7 /� _G Inspector
Action/Comments Dace: .
,.
- t � -0
rollow up 1 E c-l�G J",
Action
Additional Info. Attached
Cop),Distnbuaon: White-Depa=ent File
Yellow-Inspector
Pink-Inspector(Return to Office Manager)
°FtME Teti Town of Barnstable
Regulatory Services
' B" A MS& Thomas F.Geiler,Director
Mass.
E1 r'9 `e� Building Division
Elbert C.Ulshoeffer,Building Commissioner
367 Main Street, Hyannis,MA 02601
Office: 508-862-4038 Fax: 508-790-6230
November 17,2000
Silvia&Silvia
619 Main St.
Centerville,MA 02632
re:Boat Storage at 44 Warren St.,Osterville
To Whom it May Concern:
It has recently come to the attention of this office that boats have been moved onto this site for storage.
This activity has to CEASE AND DESIST immediately. While this is a pre-existing,non-
conforming business building,boat storage has never been one of the activities associated with the
businesses that have been on this site.
If we can be of assistance feel free to call 862-4038.
Sincerely,
Tom Perry`
Local Inspector
TP:aw
i
g001117a
Dec-01 -00 01 : 26Pp 508-375 0369 P. 01
PHILIP E. MAGNUSON
ATTORNEY AT LAW
490 Main Street
P.U.Box 725
Xarntouthport,INIA 02675
Telephone(508) 375-0171
Facsimile (508) 375-0369
FAX COVER SHEET
DATE: it 1 I o o
TO:. 'Torn. i✓/� `( !'>U11. iNZr t�liS , pr'.1
Fax No.: -7 9 0
FROM: H ►� �A trtu J�o„�
RE: Ll%I Wf?2rzCGJ �T -- C7S ,_✓lt 1CP1
This is a .2 ' page fax, including the cover page. If this fax should arrive
incomplete, please notify sender— 508/375-0171.
COMMENTS:
The information contained in this facsimile message is information protected by attorney-client arid`or the attorney/work product
privilege. It is intended only for the use of the individual named above end the privilc8cs are not waived by virtue of this having
hcen sent by facsimile. If the person actual ly.receiving this facsimile or any other rcader of the facsimile is not the named
recipient or the emplovec or agent responsible to deliver it to the named recipient,any use,disscminution,distribution,or
copying of the communication ig strictly prohibitcd. Ifyou have received this communication in error,please immediately notify
us by telephone and return the original message to us at the above addrt s via U.S.Postal Service.
Dec-01 -•00 01 :27P "'gyp 508-375 0389 P.02
i
t •
PIHILIP E. MAGNUSON
ATTO"EY AT LAW
4"MAIN STREFT
P.O.BOX 725
YARMOUTIIPORT,MA 02675
Telephone: (508)375-0171
Facsimile: (508)375-0369
December 1,2000
VIA FACSIMILE 790-6230
Tom Perry, Local Inspector
Building Division
Barnstable Town Offices
367 Main Street
Hyaruiis MA 02601
Rc' 44 Warren Street, Osterville VIA
Dear Mr.Perry,
This is to follow up on my voicemail earlier today.
1 represent Silvia& Silvia with respect to the property at 44 Warren Street,
Osterville.. We are in receipt of your Cease and Desist Order regarding boat storage at the
site.
My clients have been storing boats at 44 Warren for many years, and have
information that their predecessors did so from the I940's or 1950's, We are in the
process of searching out witnesses who can give evidence of this use prior to the adoption
of zoning in the area.
Once this process is completed, which will be within the next few weeks, I will
come in to see you or the Building Commissioner to discuss the Order, and whether an
appeal is appropriate or necessary.
Very Tn,ly Yours,
iiip Magnuson
Cc: Client
Complai*Uquiry Report -
Dace• Rec'd by: Assessor's No:
Complaint Name•
Location
Address: '4-
Originator Names C.A A--I, *ft SA
vMW
States zip
Telephone:D/C
Complaint a -
Description:
Inquiry
Description:
For ONCE Use Only
Inspector's
Action/Comments Dace•
follow up
Action
Additional Info.Attached
Copy Disaibwon. White-Depaz=aat File
Yellow-Inspector
Pink-Inspector(Return to Office Alaaagerl
�V
� .
�� �j
��
Board of Appeals #: 1999-112
1999-113
1999-114
1999-115 S� 0
Petitioner/Owner: Peck Nominee Albert Peck Trustee
Property Addresses: 44 Warren Street gPpFq s
Osterville, Massachusetts
Assessor's Map 139, Parcel 67
49 Warren Street
Osterville, Massachusetts
Assessor's Map 139, Parcel 74
BACKGROUND
A. Premises:
The Petitioner, Peck Nominee Trust, is the owner of both of the above-referenced.
premises, which lie across Warren Street from each other in the Wianno section of the village of
Osterville.
The use and improvements on locus have existed for many years and are summarized as
follows:
In 1916, local brothers and builders, Charles Daniel and Robert Daniel, purchased both of
the properties in question, as well as some abutting properties, for use for their general building
construction business.
On information available, it is unclear as to whether or not the Daniels actually had
occupied and/or improved these properties prior to that date. What is clear from the information
gathered on the history-of the properties, is that both properties and some abutting lands were
being actively used for the Daniels' building construction and associated businesses at least as
early as the early 1920's.
The Daniels and their company, Daniel Bros., Inc. (to which the Daniels conveyed the
properties in 1932), ran a very active construction business on the properties, which business, in
addition to its primary purpose of building construction, included separate divisions
concentrating in cabinet making, painting, landscaping and septic system maintenance. The
Daniels also operated a wholesale hardware store on the 44 Warren Street property and a Getty
gas station on the 49 Warren Street property.
In 1965, both the 44 and 49 Warren Street properties were sold by Daniel Bros., Inc. to
Osborne Marney and John Lahteine, who were builders doing business as Marney and Lahteine.
In 1974, John Lahteine sold his interest in both properties to Osborne Marney. During their
ownership of both properties, Marney and Lahteine, and, later, Marney, continuously used both
properties for their general building construction business, in much the same fashion as had the
Daniels, with the exception of the hardware store formerly located on the 44 Warren Street
property, the operation of which had been discontinued before they acquired the properties.
In 1984, Osborne Marney sold both properties to Ronald and Floyd Silvia, builders doing
business as Silvia and Silvia. The Silvias conveyed the properties to LIS, Inc., in 1991; and LIS,
Inc., conveyed the properties to the Petitioner, Peck Nominee Trust, in 1997. However, Silvia
and Silvia and their subcontractors have occupied both properties since 1984 and, with the
exception of the gas station on the 49 Warren Street property, have continued to operate their
general building construction and related businesses therefrom to the present.
In sum, from at least the early 1920's to the present, both properties have been
continuously and actively involved in the building construction and associated businesses. The
44 Warren Street property has been used for the general office of the construction business, the
storage of nails and other construction materials, cabinet making and the storage of business
vehicles during this entire period of time. The 49 Warren Street property has been used for the
paint shop, for storage of construction materials and business vehicles during this entire period of
time and, through 1984, for a gas station as well.
As to the physical improvements on the 44 Warren Street property, based upon a
photograph in an advertisement for the Daniel's Brothers' business (which has been estimated
by personnel at the Sturgis Library in Barnstable to date to the early 1920's), the main building
now thereon has existed in that location for at least seventy-five years. On the best information
available, at least since 1946, when Osborne Marney began working for the Daniels, the 44
Warren Street property was improved with the main structure and the abutting so-called nail shed
that are still on the site now. In the late 1960's, the garage building, which is to the left of the nail
shed as one faces the property from Warren Street, was added to this property. On information
received, it is believed that a building permit was issued for this later addition to the property at
that time, but no written record thereof has been found. In 1970, aback office was added.to the
rear of the original main structure and has, for many years been used as a residential apartment.
As with the garage building, on information received, it is believed that a building permit was
issued for this addition at that time, but no written record thereof has been located.
With respect to the physical improvements on the 49 Warren Street property, at least as
far back as 1946, this property was improved with a number.of buildings, including multiple
sheds and a large multi-bay garage and gas pumps, as well as the paint shop and storage building
which presently exist on the property. Since 1946, all buildings except the paint shop and
storage building have been removed.
2
B. Zoning History:
To the extent deemed applicable zoning, in 1929 the Town was divided into "non-
residence" and"residence districts," wherein all property used at that time for any business or
industry were declared "non-residence districts;"and their use was essentially unrestricted.
The first zoning district for the area including the properties was created in 1950, when
this area was zoned Residence AA. This zoning district allowed detached one-family dwellings,
educational, religious, agricultural and municipal uses, required a minimum of 10,000 square feet
in area for each lot and 100' of width and mandated a 20' front yard setback(with certain
exceptions) for all structures.
In 1956, locus was zoned Residence RD. This zoning district allowed detached one-
family dwellings, required 20,000 square feet in area and 125' of width and mandated a 30' front
yard set back (with certain exceptions) and 15' side and rear yard set backs for all structures.
In 1968, locus was zoned Residence RD-6. This zoning district allowed detached one-
family dwellings, required one acre in area and 125' of width and mandated a 30' front yard set
back(with certain exceptions) and 15' side and rear yard set backs for all structures.
In 1969, locus was zoned Residence RF-1. This zoning district allowed detached one-
family dwellings, required one acre in area and 125' of width and mandated a 30' front yard set
back and 15' side and rear yard set backs for all structures.
Locus remains in a Residential RF-1 zone, which presently requires one acre in area and
125' of width, 20' of frontage, and mandates a 30' front yard set back and 15' side and rear yard
set backs for all structures. Locus also presently lies in an AP Groundwater Protection Overlay
District.
PROPOSAL
The Petitioner desires to convert the existing nonconforming structures and uses on each
of the 44 and 49 Warren Street properties from a general contractors yard, office and shops to a
two single-family unit residential condominium with a total of approximately 4,450 square feet
in living area and a two car attached garage of approximately 740 square feet.
RELIEF REQUESTED
With respect to each property,the Petitioner seeks Special Permits allowing it to alter
and/or expand the pre-existing nonconforming buildings thereon and to allow it to change the
pre-existing nonconforming use to another nonconforming use.
3
APPLICABLE STANDARDS
A. Special Permits in General: Special Permits may be granted by the Board of
Appeals upon an evaluation of all the evidence presented at the public hearing by
the petitioner and interested parties as it relates to the fulfillment of the spirit and
intent of(the Zoning Ordinance) without substantial detriment to the public good
or the neighborhood affected,"Zoning Ordinances, Town of Barnstable, Section
5.3(2)(B).
B. Change of Nonconforming Use to Another Nonconforming Use: A Special Permit
authorizing the change of a nonconforming use to another nonconforming use
may be granted by the Board of Appeals if the new nonconforming use would be
"no more detrimental to the neighborhood" and upon a showing that (a)the
applicant has received all necessary approvals from the Board of Health; (b) the
proposed nonconforming use: (1) requires no more parking than the previous use;
(2) does not generate more traffic than the previous use, as measured by the
Institute of Transportation Engineers Trip Generation Handbook or other sources
acceptable to the Zoning Board of Appeals, nor does it cause Town expenditures
to address traffic mitigation measures; (3) does not result in an increase of on-site
and off-site noise, dust, and odors; (4) does not result in an increase in the hours
of operation or in the number of tenants or employees; (5) does not expand the
gross floor area of the nonconforming use, except as may be provided in Section
4-4.4(2), nor does it increase the number of nonconforming uses on a site; (6) is
on the same lot as occupied by the nonconforming use on the date it became
nonconforming; and (7) is not expanded beyond the zoning district in existence on
the date it became nonconforming,"Zoning Ordinances, Town of Barnstable,
Section 4-4.50).
C. Alteration and/or Expansion of a Pre-existing Nonconforming Buildings or
Structures: A Special Permit authorizing the alteration or expansion of a pre-
existing nonconforming building or structure that houses a nonconforming use
may be granted by the Board of Appeals if the alteration and/or expansion would
not be "substantially more detrimental to the surrounding neighborhood," and if
the provisions set forth hereinabove with respect to changes of nonconforming
uses are satisfied, Zoniny- Ordinances, Town of Barnstable, Section 4-4.4(2) .
4
ANALYSIS
A. Pre-existing Nonconforming Use: On available information, it appears quite clear
that the present use of both properties as a contractor's yard, shops and office, has
existed at least since the early 1920's. Such use became nonconforming in 1950,
when the properties were zoned for residential use by their inclusion in the
Residence AA zoning district; and this nonconforming use, which has continued
to the present, has remained nonconforming since 1950 because the properties
have remained in residential zoning districts since 1950.
B. Pre-existing Nonconforminiz Buildings or Structures: The bulk of the main
structure and the so-called "nail room" structure on the 44 Warren Street property
pre-date applicable zoning, having been situate on said property since at least
1946. Both of these structures are nonconforming with respect to the front yard
set back requirements of the zoning ordinance, as well as with respect to the
provisions requiring that only one principal structure which has been designed for
a single family be constructed upon each lot. Likewise, both of the structures on
the 49 Warren Street property were situate thereon prior to 1946 and, thus,pre-
date applicable zoning; and both of these structures violate the front yard set back
requirements of the zoning ordinance, as well as the provisions requiring that only
one principal structure which has been designed for a single family be constructed
upon each lot.
C. Change of Nonconforming Use to Another Nonconforming_Use,: Applying the
standards set forth hereinabove, a Special Permit authorizing a change from the
existing nonconforming use of a contractor's yard, shops, and office to two-family
residential use on each property may be granted by the Board of Appeals because:
1. the two-family residential use of the property would be less detrimental to
the surrounding residential neighborhood as it would be more in
conformity therewith than the present commercial uses thereon, which
would be more suitable for an industrial or commercial zoning district;
2. the Petitioner has received all necessary approvals from the Board of
Health for the installation of septic systems servicing the proposed
dwelling units;
3. the proposed two-family use:
a. would require no more parking than the previous use because,
utilizing the criteria set forth in the zoning ordinance for parking
requirements, only three or four spaces would be required under
the zoning ordinance for each property for two-family use, whereas
5
six spaces are presently required at a minimum for the 44 Warren
Street property and seven spaces are presently required for the 49
Warren Street Property, Zoning Ordinances, Town of Barnstable
Section 4-2.9 (see attached traffic and parking analysis);
b. would generate significantly less traffic than the current
commercial use of the properties, as measured by the Institute of
Transportation Engineers Trip Generation Handbook or other
sources acceptable to the Zoning Board of Appeals (see attached
traffic and parking analysis), and, given the prospective low
intensity residential use in this established residential
neighborhood, would not cause Town expenditures to address
traffic mitigation measures;
C. would result in a decrease of on-site and off-site noise, dust, and
odors, by replacement of the active existing commercial uses on
each property with a two-family residential dwelling;
d. would result in a decrease in the hours of operation or in the
number of tenants or employees because the commercial use would
be abandoned to residential use;
e. would not expand the gross floor area of the nonconforming use,
except as allowed by special permit pursuant to Section 4-4.4(2) of
the Ordinance (discussed below), nor would it increase the number
of nonconforming uses on a site;
f. each of the two-family uses would be located entirely on the same
property as was occupied by the nonconforming commercial use on
the date such use became nonconforming in 1950 because the lot
lines have not changed since then;
g. the new use would not be expanded beyond the zoning district in
existence on the date it became nonconforming in 1950; and
h. the proposed two-family residential use of the property would
better fulfill the spirit and intent of the zoning ordinance than the
current commercial use by making the use and appearance of both
properties more conforming with the residential zoning presently in
place in the area surrounding the properties; and the removal of the
commercial uses of the properties within this residential
neighborhood would also add to the value of the properties in
question as well as the properties in the surrounding neighborhood.
6
D. Alteration and/or Expansion of a Pre-existing Nonconforming Buildinlas or
Structures: Applying the standards set forth hereinabove, a Special Permit
authorizing the alteration or expansion of a pre-existing nonconforming building
or structure that houses a nonconforming use may be granted by the Board of
Appeals because the alteration and/or expansion would not be substantially more
detrimental to the surrounding neighborhood.
The proposed work would substantially alter the existing structures on both
properties and would essentially replace what presently exists on both properties
as a jumble of multiple buildings of incongruent style and shabby condition, with
a single structure on each property, each resembling an up-scale single-family
expanded Cape Cod style home in appearance. In addition, in keeping with the
conversion to residential use, significant landscaping improvements inherent to
the residential properties are contemplated for both properties.
With respect to the 44 Warren Street property, the floor area of the existing
structures would be slightly increased by the proposed structure, but the existing
and substantial structural intrusions in the required front yard set backs would be
eliminated, with all set back requirements being satisfied. Likewise, while the
floor area of the existing structures on the 49 Warren Street property would be
increased, the contemplated improvements would be far more in keeping with the
residential character of the neighborhood than the existing commercial structures
and the existing structural intrusions into the required front yard set backs would
also be eliminated, with all set back requirements being satisfied.
SUMMARY
In sum, it is submitted that the present commercial uses of both properties constitute pre-
existing nonconforming uses and that the structures thereon are pre-existing nonconforming
structures, that the Petitioner's proposal to change the present nonconforming commercial uses
and to alter and/or expand the nonconforming structures to one two-family residential dwelling
on each property warrants the issuance of the required Special Permits as it meets the technical
requirements for issuance of the Special Permits set forth in the Zoning Ordinance, and such
changes would be less detrimental to the surrounding neighborhood and would better serve the
public good and fulfill the spirit and intent of the Zoning Ordinance than the existing commercial
uses and structures on both properties.
Respectfully submitted,
Philip Michael Boudreau,
Attorney for Peck Nominee Trust
P clip Michae oudreau, Esq.
3 treet
Hyannis, MA 02601
Tel. # (508) 775-1085
F:\WPDOCS\B DAPP\SPECPERM\Memo\pntmemo I c.doc 8
4b-t,4HN f-kUN H.H. W1LEUIJ HSSOC. 7U 7-110-1Z2 P.02
J .
A.M.Wilson Associates Inc.
September 22, 1999
Atty. Philip Boudreau
396 North- Street
Hyannis, MA 02601
RE;: Traffic Analysis
44 & 49' Warren Street, osterville, MA
( our file 2.0601.3)
Dear Mr. Boudreau;
In. accordance with your request, A. M. Wilson Associates,' Inc.; has
researched traffic generation for the Silvia and Silvia
woodworking shops located at the above captioned site and compared
that generation with the generation for the residential use
proposed as replacements.
The larger shop building is located on the north side of the
street at 44 warren St. Based on conversations with the owners,
there are 5 employees who start their work days from this
location. In addition, there are 2-3 other visits to the site to
pick up materials, accept deliveries, or to perform constructi:•on
a 6tivities" through the course of the day. As you are aware, a
"TRIP" for purposes of traffic analysis is either and arrival '.at
or. a departure from a given location. Thus, based on the owners'
information, average weekday traffic for this ,site is 15 'tpd. t In
addition, there are periodic deliveries of lumber and taterial;s by
suppliers. ' These average 2 per week adding another fractional
trip per day.
The portion of the facility on the south side of the street, 49
Warren, houses a variety of storage facilities and a paint shop.
There are 9 employees who start their work day from this
P.O.Box 486 508 375 0327
3261 Main Street 508 4281450
Barnstable. MA 02630 FAX 375 0329
�7y- �-1yyy lit;:t4Hf.l FROM k.1`I. WILSON HSSOL. TO 7710722 P.03
location. Based on information supplied by the owner, these
employees average 2-3 visits to the site each per day to pick tip
or drop off supplies, obtain work assignments, and the like. This
results in an average weekday generation of 45 tpd.
Tho closest uses in the current Institute of Traffic Engineers-
(ITE) manual are manufacturing (LUC 140) and warehousing
(LUC150) . Manufacturing involves the conversion of parts or raw
mAerials . into finished goods. It may include office and
waiehouse space. Warehousing may include some office space and
limited maintenance areas, but no materials finishing. The
subject site is a trade shop where there is office space,
storage space, space where lumber is made into specialty fittings
and furnishings, and where painting and wood finishing is don6 for
pants used in the Silvia and Silvia building business. This use
is', not one that is covered in the ITE manual.
Further, the facilities from which the ITE generation numbers
result are very large. For LUC 150, the smallest average gross
floor area (GFA) was 273, 000 s.f. and the largest was 1,249,00.0
s..f. For LUC 140, the average range was 297,000 to 483,000 s.f.
As you can see, comparability for both land use type and size '
between these codes and our site is questionable.
If, however, one were to attempt to apply the average daily
generation based on number of employees using LUC 150, As selected
by the Barnstable Planning Staff, the results would be as follows.
44 WARREN ST - 5 EMPLOYEES @ 3.99 TPED = 19.45 TPD
(LUC.,,150) :
49 WARREN ST - 9 EMPLOYEES @ 3.89 TPED = 35.0 TPD
(LUC 150)
Toe proposed use can be classified as Residential Condominiums or
Town Houses. This is LUC 230 in the ITE manual. The units .aree
not expected to house many, if any, children. The trip generation
at the low end of the range of 5-7 tpd/unit would be approprilte.
Using the Planning Staff's estimate of 5.75 tpd/unit, the proposed
generation would be 11.5 tpd for each side of the street.
f
J7-: -15y7 �JG•:JJHI'I rr.Ul'I H.11. w1L_U114 HtbUI.. IU 7710722 P.04
I
The following comparison is then developed.
44 WARREN 49 WARR6
.OWNER PROVIDED
EXISTING CONDITION 15 TPD 4S TPD �
ITE MANUAL
EXISTING CONDITION 19.45 TPD 35 TPD
ITS MANUAL
PROPOSED USE 11.5 TPD 11.5 TP6
RANGE OF TRIP
REDUCTION (23-41%) (67-74v,)
As you can see, whether you use the owners' figures, or the ITiE.
manual, the proposed use as residential condominiums with 2 units
on each side of the street will represent a significant diminution
in average daily traffic.
As to parking requirements, our Ordinance provides calculations
based on use and area or use and maximum number of employees per
shift. Today, a proponent would be required to provide the laf'rger
of the calculated requirement. Parking for 44 Warren St. would be
the larger of 4 (1 space/1:3 employees) or 6 (1 space/700 s.f.) .
For 49 Warren St. , it would be the larger of 7 (1 space/1.3
employees) or 2 (1 space/700 s.f. ) . Each side of the street would
also require a "loading dock" or turning/delivery space for trucks.
The proposed use requires 1.5 spaces per unit and 1 guest spade per
10 units or 3 spaces on each side of the street. Again, the
parking for the proposed development is substantially less thein
that fok the existing use.
I hope this data answers your questions. Don't hesitate to call if
you require any more information.
Yours,
!
A. M. WILSON ASSOCIATES, INC.
,Arlene M. Wilso PWS
Principal Environmental Planner
i
999AW19/csp
-Town of Barnstable
Planning Department
Staff Report
Peck Nominee Trust
Appeal Number 1999-112-Special Permit Pursuant to Section 4-4.4(2) Nonconforming Building or
Structure Not Used as Single or Two-Family Dwellings
Appeal Number 1999-113-Special Permit Pursuant to Section 4-4.5(1)Change of a Nonconforming
Use to Another Nonconforming Use
Appeal Number 1999-114-Special Permit Pursuant to Section 44.4(2) Nonconforming Building or
Structure Not Used as Single or Two-Family Dwellings
Appeal Number 1999-115-Special Permit Pursuant to Section 4-4.5(1)Change of a Nonconforming
Use to Another Nonconforming Use
Date: September 24, 1999
To: Zoning Board of Appeals
From:
.Approved By: Robert P. Schemig,AICP, Planning Director
Reviewed,By: Art Traczyk, Principal Planner
Drafted By: Alan Twarog,AICP,Associate Planner
Petitioner: Peck Nominee Trust,Albert Peck Trustee
Property Address: Appeal Nos. 1999-112&113-44 Warren Street Osterville r
Appeal Nos. 1999-114&115--49 Warren Street,.Osterville
Assessor's Map/Parcel: Map 139, Parcels 067&074
Area: Parcel 067-0.50 acre,Parcel 074-0.46 acre
Zoning: RF-1 Residential F-1 Zoning District
Groundwater Overlay: AP Aquifer Protection District
Filed:July 13, 1999 Public Hearing:September 29, 1999 Decision Due:December 10, 1999(includes a 60 day extension)
Background:
The property that is the subject of these appeals consists of two lots; Parcels 067 and 074, commonly
addressed as 44 and 49 Warren Street, respectively.' Both parcels are presently being used as a
contractor's office, shop and yard. The main building, housing the contractor's office and shop, is located on
Parcel 067, which consists of half an acre of land. This structure is a two story building described as a
commercial warehouse with a gross floor area of approximately 4,017 sq. ft.2 Parcel 074, which consists of
0.46 of an acre, is located across Warren Street to the south. It is improved with a garage/storage building
described as an accessory outbuilding on the assessors field card.
The petitioner is proposing to demolish the existing buildings on the property and redevelop both lots for
residential condominiums. Specifically, the petitioner is proposing to construct a two story, 5,191 sq.ft.
building containing two three-bedroom residential condominiums on each of the lots. The sites are located in
an RF-1 Residential F-1 Zoning District which only permits.detached single-family residences as-of-right. To
permit this proposal, the petitioner is applying for the following zoning relief:
1 Note: The applications and site plan list the address of Parcel 074 as 54 Warren Street. However,
according to the Engineering Department,the correct address is 49 Warren Street.
2 Source: Town of Barnstable Assessor's records dated 09/14/99
Planning Department-Staff Report-Peck Nominee Trust
Appeal No. 1999-112-Special Permit,Section 4-4.4(2) - Appeal No.1999-113-Special Permit,Section 4-4.5(1)
Appeal No. 1999-114-Special Permit,Section 4-4.4(2) - Appeal No. 1999-115-Special Permit,Section 4-4.5(1)
• Appeal Number 1999-112-Special Permit pursuant to Section 4-4.4(2) Nonconforming Building or
Structure Not Used as Single or Two-Family Dwellings,to permit the alteration and/or expansion of a pre-
existing nonconforming building. The existing building on Parcel 067 is nonconforming with regard to the
minimum required front setback, being situated less than 2 feet from the front property line off Warren
Street.
• Appeal Number 1999-113-Special Permit pursuant to Section 4-4.5(1)Change of a Nonconforming
Use to Another Nonconforming Use, to permit a change of use from a nonconforming contractor's office,
shop and yard to a two-family condominium use.
• Appeal Number 1999-114-Special Permit pursuant to Section 4-4.4(2) Nonconforming Building or
Structure Not Used as Single or Two-Family Dwellings, to permit the alteration and/or expansion of a pre-
existing nonconforming building. The existing structure on Parcel 074 is also nonconforming with regard
to the minimum required front setback of 30 feet, being situated approximately 26.5 feet from the front
boundary off Warren Street.
• Appeal Number 1999-115-Special Permit pursuant to Section 4-4.5(1)Change of a Nonconforming,
Use to Another Nonconforming Use, to permit a change of use from a nonconforming contractor's shop
and yard to a two-family condominium use.
For the Board's information:
The proposed demolition of the existing structures has been approved by the Historical Commission.
• The proposed Title V septic systems have been approved by the Health Department. .
• There are 6 letters of support and 1 letter in opposition to these requests in the-file.,. .
Staff Review:
The subject property is located in a residential neighborhood. Single-family dwellings abut the.property on all
sides. The subject buildings are in a somewhat deteriorated condition. Currently, there.is outside storage of
contractor's materials and.supplies on both lots. The existing buildings are located within the required front
setback; the main building being located very close to Warren Street. The petitioner's proposal will eliminate
the outside storage, reduced the number of required on-site parking spaces and located the structures in
conformance with the required setbacks for the districe. Staff suggests the petitioner provide the Board with
elevations for their review to further establish that the proposed structures are in keeping with the residential
character of the surrounding neighborhood.
Nonconforming Use Status
The first issue the Board must decide is whether or not there is a pre-existing nonconforming use of a
contractor's office, shop and yard on the property. The property has always been zoned residential since
zoning was first established in this area of Town in 1950(ATM 3/6-7/50, Art. 73). The applicant has prepared
information on the current use and that it has existed on this site since the early 1920's, prior to the
establishment of zoning in the area(see Petitioner's Memorandum). Assessor's records list the year built as
1897 for the main building and 1900 for the accessory shed/garage structure located across the street.
In addition to the Special Permit requests for the change of a nonconforming use to another nonconforming
use(Appeal Nos. 1999-113 and 1999-115), the applicant is also applying for Special Permits pursuant to
Section 4-4.4(2)for the alteration and/or expansion of nonconforming buildings(Appeal Nos. 1999-112 and
1999-114). Subparagraph (5) of.Section 4-4.5(1) Change of a Nonconforming Use to Another
Nonconforming Use requires that the new use"does not expand the gross floor area of the nonconforming
3 Note: Each of the residential units have a patio area that are shown to be located within the required setbacks.
These patios will only be permitted within the required setbacks if they are flush to the finished grade. They
can not be raised or covered structures.
2
Planning Department-Staff Report-Peck Nominee Trust
Appeal No.1999-112-Special Permit,Section 4-4.4(2) - Appeal No. 1999-113-Special Permit,Section 4-4.5(1)
Appeal No. 1999-114-Special Permit,Section 4-4.4(2) - Appeal No.1999-115-Special Permit,Section 44.5(1)
use, except as may be provided in Section 44.4(2)°. The petitioner is proposing to increase the square
footage on each of the lots. According to the submitted site plans(stamped and dated by a professional
engineer), the total area of the existing buildings on Parcel 067 is 5,141 sq. ft. and the total area of the
existing buildings on Parcel 074 is 1,850 sq. ft. Each of the proposed new buildings will have.a gross square
footage of 5,191 sq.ft. (this figure includes garage space).
Traffic Generation
One of the requirements for a Special Permit for a change of a nonconforming use to another nonconforming
use is that the new use does not generate more traffic than the previous use, as measured by the Institute of
Transportation Engineers Trip Generation Handbook. For a comparison of trip generation, staff has used ITE
Land use Code 230-Residential Condominium/Townhouse-for the proposed use and ITE Land Use Code
150-Warehousing-for the present use 4. LUC 150 was chosen because it most closely resembles.the
current use and includes storage of materials as well as office and maintenance areas. The following is a
comparison of average weekday vehicle trip ends:
LUC 150 LUC 230
Weekday 18 TpD 23 TpD
A.M. Peak Hour(1 hr. between 7 &9 a.m.) 2 2
P.M. Peak Hour(1 hr. between 4&6 p.m.) 2 2
For.LUC 150, staff has used average vehicle trip ends per 1,000 sq. ft. of gross floor area(GFA). A more
accurate courit would be to use the number of employees rather than GFA. According to the ITE handbook,
average weekday vehicle trips per employee is 3.89(0.55 during the AM peak hour and 0.61 during the PM
peak hour).
The applicant has submitted a traffic study based upon present number of employees at the sites(see Traffic
Analyses dated September 22, 1999) According to that study,the applicants consultant has estimated that
based upon observations, the two sites generate a total of 55 trips coming and going (2 to 3 visits per day per
employee- 15 for 44 Warren Street and 45 for 49 Warren Street). According to the ITE manual the following
figures would be generated:
LUC 150 LUC 230 .
44 Warren 5 Employees 20 TpD
49 Warren 9 Employees 35 TpD
Weekday Totals 55 TpD 23 TpD
Special Permit Requirements:
In granting a Special Permit for the alteration and/or expansion of a pre-existing nonconforming building or
structure the Board must find that the proposed alterations and/or expansion are not substantially more
detrimental to the surrounding neighborhood.
In granting a Special Permit for the change of.a nonconforming use to another nonconforming use, the Board
must find that the proposed nonconforming use is no more detrimental to the neighborhood and that all of the
following requirements are met:
A)The applicant has received all necessary approvals from the Board of Health.
B)The proposed nonconforming use:
(1) requires no more parking than the previous use;
4 Source-ITE Trip Generation Handbook,6th Edition
5 Note: TpD Trips per Day
3
Planning Department-Staff Report-Peck Nominee Trust
Appeal No. 1999-112-Special Permit,Section 4-4.4(2) - Appeal No.1999-113-Special Permit,Section 4-4.5(1)
Appeal No. 1999-114-Special Permit,Section 4-4.4(2) - .Appeal No. 1999-115-Special Permit,Section 4-4.5(1)
(2)does not generate more traffic than the previous use, as measured by the Institute of
Transportation Engineers Trip Generation Handbook or other sources acceptable to the
Zoning Board of Appeals, nor does it cause Town expenditures to address traffic mitigation
measures;
(3) does not result in an increase of on-site and off-site noise, dust, and odors;
(4) does not result in an increase in the hours of operation or in the number of tenants or
employees;
(5)does not expand the gross floor area of the nonconforming use, except as may be provided
in Section 4-4.4(2), nor does it increase the number of nonconforming uses on a site;
(6) is on the same lot as occupied by the nonconforming use on the date it became
nonconforming; and
(7) is not expanded beyond the zoning district in existence on the date it became
nonconforming.
The applicant has addressed these conditions in his Support Memorandum enclosed within.
The standards for granting a special permit also require the following findings of fact to be made by the Board
(Section 5-3.3(2)):
• that the application falls within a category specifically excepted in the ordinance for a grant of a Special
Permit, (Section 4-4.4(2)allows.for the alteration and/or expansion of a nonconforming building.or
structure not used as single or two-family dwellings by the grant of a Special Permit. Section 4-4.5(1)
allows for the change of a nonconforming use to another nonconforming-use by the grant of a Special
Permit.),
• that a site plan has been reviewed and found approvable in accordance with Section 4-7, (Twoo-family
dwellings are exempt from Site Plan Review.), and,
• that after evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning
Ordinance and would not represent a substantial detriment to the public good or the neighborhood
affected.
Suggested Conditions:
If the Board finds to grant the requested relief, they-may wish to consider the following conditions:
For Parcel 067 -44 Warren Street
Appeal Number 1999-112-Special Permit-Section 4-4.4(2) Nonconforming Building or Structure
1. The property shall be developed in accordance with the submitted site plans,'copies of which are in
the file, titled"Site Plan of Proposed Construction at#44 Warren Street" prepared by Baxter& Nye
Inc. and dated June 10, 1999 and Revised'dated September 23, 1999.
2. The petitioner shall submit a landscaping plan acceptable to the Planning Department.
3. The development shall comply with all applicable State.Building Code, Town of Barnstable Health
Division and State Fire Prevention Regulations.
Appeal Number 1999-113-Special Permit - Section 4-4.5(1)Change of a Nonconforming Use
1. The use of the Parcel 067 shall be limited to two single-family residential condominium units not to
exceed three bedroom per unit.
2. The property shall developed meeting all requirements of a Title V septic system without variance
from the Board of Health.
4
Planning Department-Staff Report-Peck Nominee.Trust
Appeal No. 1999-112-Special Permit,Section 4-4.4(2) - Appeal No. 1999-113-Special Permit,Section 4-4.5(1)
Appeal No. 1999-114-Special Permit,Section 4-4.4(2) - Appeal No. 1999-115-Special Permit,Section 4-4.5(1)
For-Parcel 074-49 Warren Street.
Appeal Number 1999-114-Special Permit-Section 4-4.4(2)Nonconforming Building or Structure
1. The property shall be developed in accordance with the submitted site plans, copies of which are in
the file, titled"Site Plan of Proposed Construction at#49 Warren Street" prepared by Baxter&Nye
Inc. and dated June 10, 1999 and Revised dated September 23, 1999.
2. The petitioner shall submit a landscaping plan acceptable to the Planning Department.
3. The development shall comply with all applicable State Building Code,Town of Barnstable Health
Division and State Fire Prevention Regulations.
Appeal Number 1999-115-Special Permit-Section 4-4.5(1)Change of a Nonconforming Use
1. The use of parcel 074 shall be limited to two single-family residential condominium units not to
.exceed three-bedrooms per unit.
2. The property shall developed meeting all requirements of a Title V septic system without variance
from the Board of Health.
Attachments: Applications Copies: Applicant/Petitioner
Assessor Field Cards
GIS Map
Site Plans
5
TOWN OF BARNSTABLS
Zoning Board of Appeals
Amlic�ti.on 9fos'f;; Special Permit
O
Date Received is use onl :
Town clerk office B�
'JUL 13 11cD�ea::3nig..
s n Due --
�>
The undersigned hereby applies to the .Zoning Board of Appeals for a Spe6l
Permit, in the manner and for the reasons hereinafter not forth: 8
Applicant Names Peck Nominee Trust, Albert Peck, Trustee , Phone 775-1442
Applicant Address: :619 Main Street. Centerville. MA 02632
Property Location 44 amen Street, Osterville, Massachusetts
Property Owner: Peck Nominee Trust, Albert Peck, Trustee Phone 775-1442
Address of Owners 619 Main Street, Centerville, MA 02632
zr appucant cuffars fzm =goer, otata =&tare of tototvatt.
n/a
:[unbar of Teats ovndt two
Assessors Hap/Parcel Number: Map 139, Parcel 67
Zoning Districts RF-1 .
Groundwater Overlay District: W
Special Permit Requested: Section -4.;7 onconforming Building or Structure Not Used as
c to Se i TItle of the zonlAgr ord1nance
Single or Two-Family Dwelling/By Special Permit.
Description of Activity/Reason for Requests Petitioner seeks a Special Permit to alter and/or
:expand:>pre-existing nonconforming buildings or structures to allow the conversion of the existing
contractor's office, shop and yard to a two single-family residential unit condominium
Description of construction Activity (if applicable) :
The pre-existing nonconforming structures will be altered and expanded to bring the same into
conformity in appearance-and function as one building for residential. use as a two-ainglesfSmi.ly::
unit condominium.
Proposed Gross Floor Area to be Added: 4,821 sq. ft- Altered: 4,821 sq. ft.
Existing Level .of Development of the Property - Number of Buildings: 3
Present Ose(a)'tcontractor's office, shop and yard Gross Floor Area: 5,141
sq. ft.
Application for a Special Permit
Is the property located is
an Historic District? Yes [J Nd
yes ORH Use onl :
Plan Review Number
Date Approved
Zs the building a designated Historic Landmark?
pea istoric Preservation De artmentsVse goc
Date Approved only.
Have you applied for a buildingi
Permit? yes E] No x
Hag the Building Inspector refused a peaait?
Yes ' (] No
All applications for a special Permit re
process must be successfully co®ple� e as approved site Plan. That
to the Zoning Board of Appeals. print to submitting this application
for attfldinc Department Use only-
Not Reqd Siagje Family Not Applicable
Site Plan Review Number
Date Approved
Signature:
The following information Must be submf tted�*vith the application at .the
ha may result in a
time of filing, failure to supply t denial of your
request:
Three (3) copies of the completed application foam, each with
original signatures.
Five (5) copies 'of a certifiedIL e Y (pit Plan) showing the dimensions of the land. : P9t1� , .rater bodies and
surrounding roadways and the ocation of the existing i mprov ements on
the land.
certified Copies of a proposed site plan, y a
professional and a vemsnt an, drawn b
is required for all proposedapproved by the site Plan Review Committee
show the exact location of allepr�nt activities. This plan must
on the land and to °S� tent is and alterations
4-7.5 of the Zoningstructures. see Contents of site Plan-, section
Ordinance , for detailed requirements.
The applicant'may submit any ad8itimud supporting documents to
assist the Board in making its determinaUan.
signature:
Date July i Z, 1999
APP U a or Agents Sign&..'
Philip.Michael Boudreau, Esq.
re
Agent's Address: 396 North Street, Hyannis, MA 02601 Phone 775-1085
Pax No. 771-0722
TOWN OF BARNSTARXX
1 �
' Zoaia��gg B.o�rd of Appeals
3
Appld 61itida:do's a special Permit
Date Received
Town clerk office • � a;t; 1 ( : face use onl
a .
The undersigned hereby applies to the Zoning Board of Appeals for a sp '
Permit, in the manner and for the reasons hereinafter not forth:
Applicant Name: Peck Nominee Trust. Albert Peck. Trustee , Phone 775-1442
Applicant Address: 419 Main Street, Centerville. MA 02632
Property Location 44 amen Street, Ostervi l le, Massachusetts
Property Owner: Peck Nominee Trust, Albert Peck, Trustee , phone 775-1442
Address of owner: 619 Main Street, Centerville, MA 02632
ZZ W"Cant dtffed fan owner, etmte oatu" of "tereetr
n/a
NUMbeC of Yeasty Ornedt two
Assessors Nap/Parcel Nim or: -Map 139, Parcel 61
Zoning District: RF-1 .
Groundwater Overlay District: `AP
special Permit Requested: Sectio 4-4:5(1) hange of a Nonconforming Use to Another
to sec i TIt.Lo of the XazLfng o aace
Nonconforming Use.
Description of Activity/Reason for Request:- Petitioner seeks a Special Permit to change the
present pre-existing nonconforming use -of the premises to another nonconforming use, to allow the change
6f:use from a contractor's office, shop and yard to a two single-family residential unit condominium.
Description of construction Activity (if applicable):
The pre-existing nonconforming structures will be altered and expanded to bring.the same into
conformity in appearance -and function as one building for- residential: us6 bi a two-.fingle?fdmi.ly
unit condominium.
Proposed Gross Floor Area to be Added: 4,821 sq. ft. Altered: 4,821 sq. ft.
Existing Level -of Development of the Property - Number of Buildings: 3
Present Use(s) t conf ractor's office. shop and yard
Gross Floor Area: 5,141 sq. ft.
r
Application for a Special Permit
Is the Property located in an Historic District? .
Zf yes ORS Use onlys Yes I,J Nc
Plan Review Dumber
Date Approved .
Zs the building a designated Historic Landmark?
Zf yea iftoric Yes EI Nd
Date Approved- Department Use only
Save you applied for a building permit? Yes El wo .
Has the Building Inspector reed a permit?
Yes , (], blo
All applications for a special Permit rye
Process must be successfully re as approved Site Plan. That
to the Zoning Board of Y completed prior to submitting this application
Appeals, -
?or Bufldinc Decardaent Use only:
Hot Required - Single Family
Site Plait Review Humber Not-Applicable
Date Approved
Signature:
The following information mast be -submitted with the application requ st filing. failure to anpply:this may result in aennial of your e
request: .
Three (3) copies of the completed application form, each with
original signatures.
rive (5) copies"of a certified
the dimensions of the land property r water
(plot plan) showing
. all vetlaadsatee r bodies and.
th�tOla 9 roadways and. the location of the existing improvements an
Five' (5) copies of a Proposed sits
certified re g professional.f� and a by
the
it plan, drawn by a
all Proposed development
bry the site Plan Review Committee
show the react location os activities. This plan must
on the land and to all proposed improvements and alterations
4-7.5 of the .Zonin structures. See `Contents of Site Plan", Section
g ordiaanea, for detailed requirements.
The applicant,MY submit any additibnal supporting do
assist the Board is making PP g cements to
its determiaat,ion.
Signature:
Amplulant Date July 13, 1999
Philip.Michael Boudreau, Signature
jLgent•s Address: 396 North Street, Hyannis, MA 02601 715-1085
Phone
Fax No. 771-0722 ;
I
I
TOWN OF BARHSTABLE q •
21iz
Zoning BoP,}� of Appear ?oq?r,
Apalicatioe a special �'�ex�t`:� Rol,
Date Received _ ? ?o1V•NB�q
Town clerk office '9tj _ 1 '. _ iAppea icd qUs gniv�
Hearing Oa
Decision Due
The undersigned hereby applies to the Zoning Board of Appeals for a special
Permit, in the manner and for the reasons hereinafter not forth:
Applicant Name: Peck Nominee Trust. Albert Peck, Trustee , phone 775-1442
Applicant 419 Main Street. Centerville. MA 02632
Property Loca Warren Street, Ostervi Ile, Massachusetts
Property Owner: Peck Nominee Trust, Albert Peck, Trustee , phone 775-1442
Address of owner: 619 Main Street, Centerville, MA 02632
It SEP1.1eant dUtaro fcon wrner, eta wato" of Intarrits
n/a
Inmbor of !ears Ownads two
Assessor's Kap/Parcel Number: 'Map 139, Parcel 74
Zoning District: RF-1 .
Groundwater overlay District: 'AP
Special Permit Requested: Section 4-4.4(2) onconforming.Building or Structure Not Used as
to se i FIELD -of the so g ojidjAance
Single or Two-Family Dwelling/By Special Permit.
Description of Activity/Reason for Request: Petitioner seeks a Special Permit to alter and/or
,expandapre-ex#sting nonconforming buildings or structures to allow the conversion of the existing
contractor's office shop and yard to a two sin le-family residential unit condominium.
Description of construction Activity (if applicable):
The pre-existing nonconforming structures-will be altered and expanded to bring the same into
E3
conformity in appearance--and function as, one building for residential". usO as'a"two-Ifnjlendmily:� '
unit condominium.
Proposed Gross Floor Area to be Added: 49821 sq. ft. , Altered: _4,821 f__
Existing Level .of Development of the Property - Number of Buildings: 2
Present use(g) :contractor's office, shop and yard Gross Floor Area: 1.850 sq. ft.
• �rW
Application for a special Pe=Lt _
• Is the
Property located in an Historic District?
pea oKU age only: Yes
Plan Review umber
Date Approved
Is the building a •designated Historic Landmark2,
Xf pea historic Preservation Department Yes use erly
Date Approved -
Have 'you applied for a building Permit? Yes
i
Ras the Building Inspec
ts refused a permit?
Yes ' (] no
All applications fora special Pert re
process must be successfully, completed �eto approved Site Plan. That
to the Zoning Board of Appeals. Pr submitting this application
P+or >3afldinQ Department ose onI ►-
ite Pl n R view Number�lyNot Applicable
Data Approved
Signatures
The following information must be submitted with the
time of filing application at the
, failure to supply thin may result in a denial of your
request:
Three (3) copies of the completed application fo=:II, each with
original signatares.
live (5) copies Hof a certified' e
the dimensions of the PAP -- s,tsv°Y (plotPlan) showing
surrD land, all �+ietlaads, water bodies and
the land. g roadways and. the location of the existing improvements on
fe �ies si a proposed site
certified 3mps,ovs men, plan,
, drawn
in re professional and approved by the Site Plaa Review�ittee
quired for all proposed development activities. Shia
show the .exact .location 'of all Proposed plan must
oa the land and to s �° 'Improvements and alterations
an
of the -zoning 0tdLnanc@, for detailed requirements.
The applicant may submit any additibaal
assist the Board is wag its de*�� aJ eats to
signature:
Date' July 13 , 1999
• ° r Agents Signature
Philip.Michae1 Boudreau. Esq.
Agents Address, 396 North Street, Hyannis. MA o26o1 775-1085
Phone
Pax Ito. 771-0722
TOWN OF BARNSTAHLE l
ql �Zoning Board of Appeals
AADlicai: On i i�o a /Special Permit
Date Receivedai
For office use only:
Tows Clerk Office ,9� :, 1 , ,.,.
%W-
CCR
The undersigned here `• �
gn by applies to the Zoning Board of Appeals for a spe
Permit, in the manner and for the reasons hereinafter not forth:
Applicant Name: Peck Nominee Trust. Albert Peck. Trustee , phone 775-1442
Applicant Ad • 619 Main Street, Centerville, MA 02632
Property Lo warren Street, Ostervi l le, Massachusetts '
Property Owner: Peck Nominee Trust, Albert Peck. Trustee , phone 775-1442
Address of Owner: 619 Main Street, Centerville, MA 02632
If app"Cant dlffirs fX= owner, state Data" of laterests
n/a
Ramber of Yeats Orneds two
Assessors Hap/Parcel Number: Map 139. Parcel . 74
Zoning Districts RF-1 .
Groundwater overlay District: AP
Special Permit Requested: Section C4-4.-5(I)) Phange of a Nonconforming Use to Another
to sect WItle o a XOnIng, Ozd1nance
Nonconforming Use.
Description of Activity/Reason for Request: Petitioner seeks a Special Permit to change the
present pre-existing nonconforming use of the premises to another nonconforming use, to allow the change
6f.:use from•a :contractor's office, shop and yard to a two single-family residential unit condominium.
I
Description of Construction Activity (if applicable):
The pre-existing nonconforming structures will be altered and expanded to bring the same into
�a.i
conformity in appearance -and function as one building for- residential use ar a two-.fingle4f6mi.ly.'
unit condominium.
Proposed Gross Floor Area to be Added: 4,821 sq. ft. , Altered: 4,821 sq. ft.
Existing Level _of Development of the Property — Number of Buildings: 2
Present Use(a) :contractor's office, shop and yard Gross Floor Area: 1,850
. __ sq. ft.
APP-Licatioa for a special Permit
Is the property located in an $istoric District? .
yes oxs use onl : Yes
Plan Review Number
Date Approved
Zs the building a designated 83storic rjuudmark?ZE No
o
[]
pea istoric Preservation Department Yes use e„ y
Date Approved - •- .-•
Save 'yoa applied for a builILn
g permit? Yes E1 Na
Has therm
Building Inspector refused a peit?
Yes [I No
All applieatioas for a special Permit require
process must be successfally completed as approved Site Plan. That
to the Zoning Board Of Appeals prior to submitting this application
For Buildinc Deoardnent Qse only-
Not Required. - single Family
Site Plait Review Number Not•Appl i cable
Date Approved
signature:
The following info=atioa must be time
submitted with the application at the
que tsfilinqr failure to �F'Ply this may result in a denial of your
Three (3) copies of the completed form, each with
original signatures. application fo
Five (5) copies sof a certified
the dimensions of the land, all ire 17 j water(plot
dies M)) showing_
surrounding tOaYs and. the location of the existing improvements on
the land.
Five (5) copies of a proposed site
certified professional and a emOnt plan, drawn by a•
is required for all PPO+ed by the site Plan Review Committee
Proposed
d vent activities. This plan but
show the enact locationp oa the land and to lea. =POSed •improvemeats and alteratioaa
4-7.5 of the .ZOniag Ordinance
S@@ _Contents
Of, site
Plan•, S@Ctipa
nce, for detailed requirements.
The applicant may submit. any additional n assist the Board in makin s 8Po cuments to
to n.
Signature:
Date July 13. 1999
gPPc r EAgents signature
Philip.Nichael Boudreau, Esq.
Agent a Addre9st 396 North Street, Hyannis, M 02601 775-108s
Phone
• Fax No. 771-0722 ;
P►operty Location:44 WARP"ST OST MAPID: 139/067///
viulots m. SM Other M. Bldg#: 1 Card 1 of 1 Pratt Datc 09/14/1999
ECK,ALBERT TR Description Code Awratsad Value Assessed Value
O
M LAND 3160 97,5 97 801
9 MAIN ST IONVAERQ 3160 49,70C 49,70(
VILLE,MA 02632 XMvWERC. 3160 4 4" 1999 Barnstable,MA
tmt 0 73B32 Plan Ra£ 4SI109
as DisL 300 Land Ct#
etPtop � �FY99 SIO
' Litt Fsmte
L 1 LOTS 2, Notes: '
L2 11&12
M. T 1524 152.101
ALBERT TR 11026/324 1047/1997 U I IKOOO 1N Pr. Code Assessed Value r. Code sassed Value Pr. Code Assessed Value
CORP 7742/011 114511M U I G
VIA,FLOYD J&RONALD J 4261/151 10/1&i9S4 U I 205, G
OSBORNE F. 1495/794 Q
ataL 11 1
This signanwe aelatowledget a visit by a Data Collector or Assessor
ear escri`tion Amount Code Description Number I Amount Comm.Int
Appraised Bldg.Value(Card) 49,700
Appraised XF(B Value(Bldg) 0
Appraised OB(L;Value((BBldg) 4,�
Appraised Land Value(B1dg) 97,500
a Special Land Value
,Carpen"Shop. Total used Card Value 152,1
Valuation Costiblalket vabudial
et Total Appraised Parcel Value 152,1
Permit s e 74" Decdpffon Amount
--Inw.Dam %Cumv. DaMCoftw, ants Date ID Cd. I purposaMesult
am
Use Code Description Zone D LFronforii Depth Units I Unit Price I.Factor Sl. C.Factor hd Notes-AdflSpecial Pricing Adf,UnitPrtce Land Value
1 3160 COMMWKSE RC 3 1 0650 AC 150,000 1.00 E 1.00 27BC 13 SO,U10)Notns 1018 195,000. 97
Totalland-U;-; To d l and V 97
Property Location:44 WARREN ST OST MAPM. 139/067///
Yaavn ID:6659 Other M. Bltl$#: 1 Card 1 0 1 Pr/et Date:09/14/1999
Element Cd JCX Descr/ption Co
Element Cd Ch. . Deacr"on
oriel Casa® eat&AC 1 T/AC PKGB BAS 36
D two VOOD lumbiag VE FR �
} ea GE
start"
aU ONE 11
1 GHT
laterior Wall 1 4 cod shoe Common Weil. 21
2 Hd& 0
toof Sttud=
todcom Jotai
NOW
of Wall 1 1 ement ode eacrl don actor 9 38
2 UST 24 BAS 48
nterior Floor 1 Solt Wood US
2
Location
' Fad Unitsi � o> -No D afLevels 7 1
kc Own—hip
kAroams Bedroom
21
lat>yaoom 24 8
FnR t 2/Z Hale Rate 2.00
otal Rooter ize Adj.Factor 17163
74
Bath 7�pe Beale Rater 7.74
Kitchen 8►Yle ' g Valne New 03,498
ear Built 89748
am Buih tml Physd Dop 7�
i Obelac
Obstno S
pact Cand Code'WNW,MAMINIAXIM '
peel Cond%
3160 NII14 E 100 %Conti 48
j Bldg Vahw 6,700 .
i •
Coda Descrt don LIB. Units UnitPrlce Yr. DD Rt I %Cnd ADr.Valua
FGR2 e.Avg L 462 20. 1950 1 100
1
Code nArprivdan Di do Area Gross Area Eff Area Urdt Coat Undeprec.VaW
BAS �erFloor 2,26 Z 2,2 27.7 62JO
U81S tluts.Storage,UnQnlahed Story,Finished 1,3 1 1 27.740 3,384
t
3,60-4 4LO113 3 103.49 �^
• Property Location:EAST AVE MAP M: 139/074///
union ID:86" Asher LD: Bldg M 1 Card 1 of 1 Print Date:09/14/1999
r .
7:ALBERTTR Daserl don Coda ra/red Value Assessed Value
NNTTL' 100 d01
MA 0=2 � 1999 Barnstable,MA
73903 Plea Rd 45/109
as Diet. 300 Lead Ct#
er.Pmp. UP FY99 #SR
LifeNat Estate VISION
L 1 LOTS 3. Natae:
L2 &PTS
M. T 96,7 96,701
ECK,ALBERT TR 11026/324 10a7 Q V 196, IN Yr. Codel Assessed alue Y. Code Assessed Value Y► Code Assessed Value
CORP 774V 011 11/M"I U V G
VIA,.FLOYD J&RONALD J 428V 151 10/ISIM U V 2 G
OSBORNE F 14951794 Q
_ oubl 88AGG read
TW&aigstaWre acknowledges a visit by a Data Collector or Assessor
Year 71mMescriptlon Amount Code Description Number Amount Comm.Iffi,
i
Appraised Bldg.Value(Card)) 0
Appraised XF(B)Value(Bldg) 0
Appraised OB(L)Value(Bldg) 2,200
Appraised Land Value(B dg) 9400
' *N/8 587. .
Special Land Value
Total Appraised Card Value 96,7
Total Appraised Pa mel Value 96.7
Valuation Method: CoeNMarIme V
et Total Appraised Parcel Value .96,700
r.
"Pam
itID IarueData INWDescription Amount f0sp,Date Comy, Date Camix Comments Datez ID Cd I Purpose/Result
B29761 8/M AC 3, 1/1507 0 DS SHED
Use Code es ri do Zone s Depth Units U tPrice L Factor SL C.Factor Nbad. A . area- 'S fa/Priem Ad.Unit Price Load Value
1 1060 teaeory RF1 3 A 158,000. 1. 5 1. 27BC 130 WCU.46,M)Notm:101 20 4400.
Tosa/Land U ' OA410 Total Land Valud
I � ry• i
Property Lveadam EAST AVE MAP M. 139/074///
�"lOam'8666 Od/tam. Bldg al: 1 Card 1 of 1 Print Daft-09/14/1999
Element Ce ICIL D-cr"onidDaw Elongn&-
t Cd Ch Deacrtptlon
It AC
�Y ell •
or wend Common wall
q Haight
Sftch e _
toofCam ,
ilt�or wan 1 2 t ode DOZCHPvon Factor
nterior Floor 1, lex
4 Loian
FTypead umber adUmits
Type u TOwnaaWp ela ls
i
atal Roomer Base Rate 1.00
ize Adj.Factor .00000
(�Imdea .00 J
etb T'pe. Base Rato 00
Value New
ear Bulk
YpeahryBoik
dbdw
Obelcc
Cool.Code
PtA Coed%
1060 4cenwry
100 vwzu-to Camd.
Bldg Valera
Code Description LIB Units UnttPrtce Yr. Dp Rt %Cnd Apr,Value
SBAWed L w 4LOC 1900 C 100,
Code Descr4pdon Dmin Area GrossArea Unit Cost Uridsprec.Value
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MAP 1-39 PARCEL 074 N
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Ah
i
TOWN OF BARNSTABLE
Board of Appeals
Petitioner
Appeal No. ._...975-21 .._____._ _.... June 6 '_ _ 19 75
FACTS and DECISION
Petitioner _...WP?a:z:??py &„.Lahteine _ filed petition onMarch 1 lg 75
requesting a mzDamy permit for premises at _..44._Warren _ Street, in the village
of Qst. ?417r „__ __ adjoining premises of_...._RgAagLL,5. 3Qles_,� Jr.
David H,, 8c C�znell _ ,_El1Qrth;_�gnea ,,,,,,,y.,�hrles,,,E,_ Cassia;_ Robert Lw & _
Patricia Day; .Thelma A* Dinkeloo,;,_,George K,-Gilpatrick;M,C F. & Anne E.
Phe3ps_Holloway; Luke P. &
for the purpose of w..,add�lion...t_exi. till g A.oxi�
Locus is ,presently zoned in __ReszdenaP__.E=1_..Z,oning -
Notice of tliis hearing was given by mail, postage prepaid, to all persons deemed affected and
by publishing in Cape Cod News a weekly newspaper published in Town of Barnstable a copy of
which is attached to the record of these proceedings filed with Town Clerk.
A public hearing by the Board of Appeals of the Town -of Barnstable was held at the Town
Office Building, Hyannis, Mass., at 2:00 P., __April 16 1g75
__..... __ __ _........... . ,
upon said petition under zoning by-laws.
Present at the hearing were the following members.
_,Joseph:A� . .Williams _ -Mary Ann�B. Strayer �^ Buford W. Goins �
.. _.........._.Chairman ......_ ._....._..... .._. ... ._
At the conclusion of the hearing, the Board took said petition under
' advisement. A view of the locus was had by the Board.
Oii _.....April 16 _ ...... 19 ..75..., the Board of
Appeals found
The Petitioner, Marney & Lahteine, have appealed to the Board of Appeals from a
decision of the Building Inspector and petition for a Special Permit to allow
addition to existing non-conforming cabinet shop at 44 Warren Street, Wianno
inan RF-1 Zoning District under Section PA 4 of the Barnstable Zoning By-Law
as revised December 18, 1974.
Osborne F. Marney represented Petitioner. Petitioner proposes to tear down three
existing storage sheds and replacing them with an addition 20 x 30 feet to an
existing non-conforming cabinet shop. The addition will be for storage, proper
plumbing facilities and office. The addition will contain less area than the
total area of the sheds to be torn down.
There was no opposition.
The Board found that this was a routine application under Section PA4 of the
Barnstable Zoning By-Law and that there would be no detriment to the area involved
in as much as the proposed plans will definitely up-grade this use and the removal
of the present buildings, as proposed, can only bensfit the area. Therefore, the
granting of this permit would not be detrimental to the area- involved nor in
;., derogation of the Barnstable Zoning By-Law. .Therefore, the Board voted unanimously
to grant this special permit as'�per plans submitted.
I
i
i
Distribution:— Board of Appeals
Town Clerk Town of Barnstablc
Applicant
Persons interested
Building Inspector `
Public .Iuformation By ............ -....... ....._ . .............._................................
Board of Appeals C nia�.._.
...........
..............
. .............
,/"g
ievX.
ffi............
............
—................
InsDector Perry
N'iN
.........
%'R
K
X
White
...........
...........
1 yslipper aka 4th St., Osterville
gw*
gg'-
420-4377
in rr tly
8
1;,.1 Property is be g used to store boats. Cu en
or 9 and a couple boat trailers on site. Mr. White
is concerned about potential fire hazard & 1 boat
is encroaching on his property.
...........
. . ....... .
MEN
. ............
................
X
HE'.
'XX
X.,
................. ...........
i
�o� ye-v�
,�- ��S .
� ..
`4
i
� i,nn..• AIII.e.
9a ,..0 9. 00 230 South Street
Hyannis,Massachusetts 02601
I k1i1�1 C1.ER, K
1*01411. 01" BAk11S fAlsl,l,
Notice of Intent to Demolish or Move an Historic Buil�4rlq,/dntrlucture
( 3 :26
Print in Ink
1. Date of Application: Un)C 19 , (019 ,
2. Building/Structure 'Add.ress: /-Vt- wc, rre j f}yetuu-ems �S �v�� � , 04,q
.3. Assessor's Map and Lot Number : �}� 13`� QGL 6 -7
4. Is building structure located in a local or regional historic district& Y N x
If yes, Protection of Historic Properties Bylaw does not apply and it is not
necessary. to complete the remainder of this form.
5. Is building/structure listed on the National Register of Historic Places or
pending listing on the National Register of Historic Places& Y N X
6. How old is the building structure&_'70-80 Kr-,.Architectural style of building structure
describe if not known& C-6 PE `Z
Is this bui lding/s true ture 4LsBociated with one or more- historic events or person
name and description ro6- No . J:+ was 5v; �4- CJ oo,-�� .sues � � se �s
c, Co.3�fc,chrS ci CY q.•o o,p Or' �1 a ,3-t y � JSQ �,r►i2�S fos .
7. Type of Buildingf Structure and f ropos1 1 Work. U
UwW-C ,W D/ 'fb • ct I&T
ar y dy cyc.,� 'lam J S 1�^e rc e� �fohn c. c e.a Cac'�b J s . a r�X cti.� S ha P
4 ' ' he- (��N �c. Yp—
V3,l.1 u r l &b eX i�� • E/ o C o w
8. Zoning District: Fi.re District:
9' Applicant's Name: 1.Qectc I�Or��wee.CUS,+ [e1. . 11 -7'T5--1jt-/t
G 1c� Kok1w rnli,fJ— ozC3Z.
Address: Gr ,
10. Owner's Name: 6)e-c k i cosl ,r Tel. 11 7--7s/A-kZ
Address:
11, Contractor: &Jor,36 cC 10 s&,j Tel I. !1 :
Address:
4' Material of Building/Structure : W00C9 P 5� )-)S3(,ec2cli 7ar-
How is Building/Structure Occupied : Ca�♦r�<�a�s � ��p
571 r, No. of Stories: Z
14. Explanation of Lite proposed use. tu. be pride ul* Ole site:
—r1u0a - Urvi T- 2GS (D&r►1-, /+ L can)a0 k- AJ/ 0w7
Diagram of Lot and Building/Structure wi.tli Dimon.ioils:
SCE /><iT��l1�0 Ct1S 674.�r� ��cTv(zES-
Mc,lw StfLckvv-e- - 2.4;
Peck-N.om' ee Trust
by, its attorney,
Philip Michael Boudreau, Esq.
Name 396 North St'. , Hyannis, MA 02601
'7-7r 1 OC ( 4-,- -7-71 -!)'7771
t I r }
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MAP 139 PARCEL 067 N
w -E
i
SCALE: P=200'
r
.s - t ri •r.
�::�i;y F.�.iM1'4�1ryt Tca, y?';fa",: =�I.J:;u.�'�Ye• .,a�.
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=off o1�Rw f"� '•.��1N�,�'1!� _%_ y„ .
�. _ 'Oi'•.':n`. !�'� .�'{I'!` .i yip
Silvia & Silvia Associates, Inc.
July 10, 1998
Mr. Thomas L. Wilburn
720 Main Street
Hingham, MA 02043
Dear Mr. Wilburn,
I am in receipt of your letter dated July 7, 1998. In regards to zoning, we have checked
with our attorneys on this matter and there is no question we are within our legal rights.
This property has been used continuously since the 1800's, first as Daniel Brothers
and then as Marney & Lathine which we purchased in 1984 as a lumber yard,
woodworking and general construction facility.
At one time there were fences which you and your adjacent neighbors had.
Apparently these fences went into disrepair and have never been replaced. In a good
neighborly spirit we would be willing to participate in 50% of the cost of new stockade
fencing which would give you more privacy.
We do plan on continuing our facility at 44 Warren Avenue. Please keep in mind that
we do try to keep it as neat and clean as possible, however, it is a working facility.
If you have any interest in pursuing the stockade fencing, please give me a call.
Sincerel ,
Floyd J. Silvia
FJS/kjs
cc.- Mr. Richard Stevens, Building Inspector
l er*k4�6-d. '14k' L Z 399 ti(o S Q 9 ,
619 Main Street, Centerville, Massachusetts 02632 (508) 775-1442 Fax 771-7626
;jioncoottonjr real estate
September 16, 1988
Mr. Joseph DaLuz
Building Commissioner
Town of Barnstable
367 Main Street
Hyannis, MA 02601
�RE ego' 11`�jTeausLane_M ``�
Ostervi.11.e,k`MA
Dear Joe:
With regard to our recent conversation about the house
that had the minor fire, in Oyster Hills, Osterville, the
attorney for the seller has asked me to see if you would
write a letter saying that the repair of the damage does
not need a building permit and therefore an occupancy
permit would also not be necessary.
Also after our discussion I reminded the owners of the
property that they should get both wiring and plumbing
permits, and it is my understanding that these measures
have been undertaken by the contractor. Your letter could
be addressed to my attention.
Thank you for your help.
Sincerely,
hn n, Jr.
J j/lp
749 main street suite a • box 68 • osterville, massachusetts 02655 • (508) 428-91 15 fax: (508) 420-3161
s
II
I I-poll Q-d 04'"
mill
WARW
11PAl
�r—RPTAR
HE /I �`.�� I I :I, J,
November 20, 1984
Mr. Raymond Bachand
16 Gunstock Road
Osterville, MA 02655
Dear Mr. Bachand:
We have had several telephone calls alleging that you are conducting
a business from your residence located at- 16 ROeri,- O�t+srv111�.
Your dwelling is located in a Residence C zoning district and only a
one family dwelling is permitted. Any business conducted in this zoning
district is in violation of the Town of Barnstable Zoning By-law. Any-
one convicted of a violation shall be fined not more than One Hundred
($100.00) Dollars for each offense. Each day that such violation con-
tinues shall constitute a separate offense.
I am requesting a reply from you within seven (7) days of receipt of
this letter. I trust litigation Will not be necessary.
Peace,
Joseph D. DaLuz
Building Commissioner
JDD/gr
P 517 442 191
Certified mail R.R.R.
sz-
4r_uiLPtlro.
`lrll A-C �
09,
4-4
J .
- �
or
OF
- v
�6c ] a
.r
BRAUNSTEIN AND COHEN
ATTORNEYS AT LAW
35 WINTER STREET
HYANNIS,MASS.02601
ROBERT D.BRAUNSTEIN AREA CODE 617
RICHARD J.COHEN
771-6400
JOHN C.STEPHENSON
BERNARD H.HERMAN
December 20, 1984
Mr. Joseph Daluz:
Building Inspector
Town Hall
Barnstable, MA 02630
Dear Mr. Daluz:
Please be advised that this—office—r-e.presents Mr .
and Mrs. Benjamin Perry, Jr. (, 481 OldMill—Road Osterville,�-
MA, and this letter is in reply to your recent notice
pertaining to a 60 foot trailer located on their premises.
Mr. and Mrs . Perry have requested the occupants of
the trailer to immediately vacate same, and thereafter, the
trailer will only be used for storage purpose.
Mr. and Mrs. Perry are sorry for any inconvenience
that may have been caused.
Very truly urs
R ert Braunstein
RDB/koc
r
r
December 12, 1984
Mr. Benjamin Perry, Jr. '
481 Old Mill Roast f
Osterville, MA '
Dear Mr. Perry:
As per my telephone conversation, with your son please be '
advised
that the trailer located on your property must not be occupied. You
may store the trailer on the rear half of your property to comply with
paragraph A. 1. a. of Section F. of the Town of Barnstable Zoning By-
law or you may remove it from the premises.
If you have any further questions please contact me at my office.
Peace,
Joseph D. DaLuz
Building Commissioner
JDD/gr
cc: Board of Selectmen
i
i �r
i . ° - ___
�-�- -_-
4 _ _. _
s
�t t Town of Barnstable
Regulatory Services
RAMSr''BI Thomas F.Geiler,Director
Building Division
Elbert C.Ulshoeffer,Building Commissioner
367 Main Street, Hyannis,MA 02601
Office: 508-862-4038 Fax: 508-790-6230
November 17,2000
Silvia&Silvia
619 Main St.'
Centerville,MA 02632
re:Boat Storage at 44 Warren St.,Osterville
To Whom it May Concern:
It has recently come to the attention of this office that boats have been moved onto this site for storage.
This activity has to CEASE AND DESIST immediately. While this is a pre-existing,non-
conforming business building,boat storage has never been one of the activities associated with the
businesses that have been on this site.
If we can be of assistance feel free to call 862-4038. \
Sincerely,
`�:- (2
Tom Perry
Local Inspector
j
TP:aw
i
1
k
1
F 9001.117a i
r !
Assessor's map and lot number 3.. ....... .�? Ole, C
" Sewage"Permit number .., !'.f !! ................4e7?-
c
�QOFTHETO�o TOWN OF BA-RNSTABLE
t1 r
Z BAHH9TADI;E, i C1 • -
"6 BUILDING ' INSPECTOR
�'0 MPY a' t+ .
C.1 t"
a . APPLICATION FOR PERMIT TO .....................................................
:...... :............
........ ......................
TYPE OF CONSTRUCTION ................... r-11,`:`::.`—.1-^.�'.o'!...:.................................... �
r � 7
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
l 1 ,� X
Location .............. ........�...�:....:.'.............................................. , ..e ................... ..................................................................
4
Proposed Use f ''�. .ti.... '....................................................................................................................
.........
Zoning District '.........................................Fire District
r t r.n !11�1ll IVL1 ./n... ' .. A N. . ,� ..110....tit . �.
Name of Owner Address ....:...:..
1 ;
Name of Builder ...r 1'+:n±v. t �: :.... .h•rt 1l 0tn�. C�
Jl ..Address ......... _+ 11S2J1
....... ......
Name of Architect ......... .................Address .........
v
Number of Rooms _ ..................Foundation ......P. Q "� .....................................................^^ -
C - 1
•
Exierior ................ ..............................................................Roofing ................_:..:...:_:..1
.....................................................
,
s �(. r ...f :i'
Floors L.........................................................Interior .....................,.....................::'.....................................
..................
Heatin o.-. Plumbing r� �.;�r��� "�...�........•1`:�`.I.......:..
g .! .......�. ................................ ........ +i
....
IV r
Fireplace ....................................Approximate. Cost � �� !�' 0 v
Definitive Plan Approved by Planning Board __---------______-----------19_______. Area ..:....! ............................
Diagram of Lot and Building with Dimensions Fee �•' ............................
SUBJECT TO APPROVAL OF BOARD OF HEALTH /" P,,
' I
I
7 .
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above :a
construction.
Name ......: .... ...;........ ...•�........lam:....................
17908 add office to
shop (Appeal #1975-21)'
Osterville
frpme
Permit Granted ...........lu.gus.t...26.........19 75
PERMIT REFUSED
.^ ........................................ -------------
. .
.
'
`
'
. '
Assessor's map and lot number L � �' )f... . .... .. .
Ec
SfTIC 11YS'fEm toisT W
INSTALLED IN WMPLIAMCE
b i P Sewa a Permit number Ale g ....... hlL-:........._.. WITH-ARTICLE if SATE
SANITARY CODSS $�NN
Q�O�TNEro�` TOWN OF BARNLE
BJHIISTeBLE; i c,•
BUILDING INSPECTOR
L: - �1
~ � , ....c ............... . ..�9...�..
APPLICATION FOR PERMIT TO ......... /
TYPE OF CONSTRUCTION
75�f�/.0.6................19.
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
Location ...... ...b......�. ............0-4. ;—�....................................................................
ProposedUse .........�9.— ..............................................................................................................................................
....................................................Fire District ..............................................................................
Zoning District ................... ,� �---
Name of Owner ......... m .... .. . . ...... . ..Address ...... � �?-1-:,�. .�►�.^.: ...... .�.;a(•0,4 ,
Name of Builder ... ...IAA-..7..^90,�A.�!+�/!��A�l`�,�..Address ...........4�� .R) �.�!`�..............................
Nameof Architect ............................................�./..................Address ........... :.w :.._ . . ...... — . lU............................
Numberof Rooms ....... ........................................Foundation ......1». v ...../....................................
Exterior ......... .... !.. : ..........................................Roofing ...........(. ....................................
n
Floors .......... .... ....................................................Interior ..........i. ...................................
Heating ..... ..............................:.............PlumbingR... ..R!. 1t.:. T[tt....7'...Ql....
Fireplace ........ ll' !I` �4_...................................................Approximate Cost .....�. ...../8,.o.a.
Definitive Plan Approved by Planning Board -----------______-----------19_______. Area .. �........Q
Diagram of Lot and Building with Dimensions Fee �— �
SUBJECT TO APPROVAL OF BOARD OF HEALTH 1
17 "
s
S
I
i
o 0 '7
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regar the above "b�
construction. O
Name .... ..1. .. ..........
~.._~' , Osborne
�
'
17900 add office to `
No -----.. Permitfor ------------
'
. .
' shop (Appeal � ~2l)
---------..----.',----------.. .
Location ........66...Wacrmn..Avm.............................
'
Oatmrv1llm '
..-------------------------.. .
Owner ---Osborne. ________.
~
�
1
Type of Construction -- ram�.------..
`
^ -
^
./_----^ —'--------------`----
~
'Plot ............................ Lot ................................ '
, ' '
. �
�
ust 26 75
Permit Granted --..'—..��......-----]g
'�~^.
~~.= of Inspection --. --..--]g
. � .
'Date Completed �f/ ��'-3� lg
- ' —'�v ''�f '^�/^----- �
�
'
PERMIT REFUSED
-----_--------------.. lQ '
�n
-------....-----------------... �
_—..—....—�- ----..-----,-------
-�
--'`---'v .-'-------^--"—^----- �
—,�' . .--. ..........................................................
�. � � ^
Approved ,..�-------------- lg
. '
'
.............
�
----------------------.--^—. ' �
�
' -
Assessor's office (1st fl'oor)- _
�� 'THE
Assessor's t0
Assessors map and lot number .......................................... Q� �`♦
Board of Health (3rd floor):
Sewage Permit number 2 339S39TADLE, 2
Engineering Department (3rd floor): 'oo NAGS
1639'
Housenumber ..........................Yf. .......................................... F0 Mai
APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only
TOWN. OF BARNSTABLE
BUILDING INSPECTOR
DE�9a✓,�� �' ./�EGOn.cf7�Cl�G/ S/a'Rf�q� f��� /o
APPLICATION FOR PERMIT TO ..AgA.:4......PAC.....��°�sa7�u ,,,,, ,
�...`r......................
` TYPE OF CONSTRUCTION ........Gv.Q,a ..:......... ............................................................................................
�f 1....�.............................19.E
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
Location ........... ......... ...................... ............................. ................................................................................a
ProposedUse ...L�1vlZ!' .g. .........rrcA,.e�2..................................................................................................................
Zoning District ........................................................................Fire District C'1!
Name of Owner Lo D Q R0?,m/W S/k. ........Address .4/.Y w....ST.......�-S'gR,..//...*Ss..
Name of Builder . f/.w!4.m.f! ....... vjEq.4..:- ' ...Address /
Nameof Architect ..................................................................Address ....................................................................................
Number of Rooms ................./............................................Foundation .C'veD.4.XFf.........! . ........................................
Exierior ...T/ —//....................................................................Roofing .. g. !.............................................................
............
Floors .................................... Interior //
Heating /tom/� ...............Plumbing mar C
Fireplace .....,.. / ..........................................................:.Approximate Cost .�.. J"'
...................
Definitive Plan Approved by Planning Board 'L------------------------------19________ . Area ...s?..............................
Diagram of Lot and Building with Dimensions Feee=,Dy '.,_'
.. ..........................
SUBJECT TO APPROVAL OF BOARD OF HEALTH
r
OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
Name /
.�?` ....... .........................................
Construction Supervisor's License . 3.�
SILVIA, FLOYD & RONALD A=139-74
No ..... Permit for AeTq�ish & Reconstruct
.......................
...................Storage Shed..................................
Location .........44..W..a..r.......ren...........Avenue
.. ......................
..Osterville
........................ .....................................................
Owner .........Floyd & Ronald Silvia
..........................................
Type of Construction F.r.ame.............................
................................................................................
Plot ............................ Lot ................................
Permit Granted ........August.�7., 86
.............. .................19
Date of Inspection ....................................19
Date Completed
....................................19
PHONE CALL
FOR �" DATE /1 '?� A.M.
TIME P.M.
M
OF PHONED
RETURNED
PHONE YOUR CALL
AREA CODE NUMBER EXTENSION
PLEASE CALL
MESSAGE
RC : WILL CALL
AGAIN
l)L 0o w ,4 / CAME TO
L-0 (XJ OR �j SEE YOU
J� �( WANTS
SEE YOU
SIGN O IiversaT 48003
r-
NOTES.
' � r
i
t
ti �.
Assessor's office.(1st floor): j , ' OFTHE.TO�
Assessor's map and lot numberr .................. .........................
Board of Health (3rd floor): o
Sewage Permit number :...: t Bae34T&BLE, 1
Engineering Department (3rd floor): 9�o rb 9
House number ..........................��.Y............................................ ' OYPYa\
APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only!
TOWN. "OF BARNSTABLE
BUILDING INSPECTOR
APPLICATION FOR PERMIT TO .:R+!f'4.n....O..F...��R�st�. . ..�.....11��.....lc�/�P4'N.. r�61 ............
TYPE OF CONSTRUCTION ........ ..........................................:............................................................
.............................19. i
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
Location .y .. J'�Rt�' E/L........14
.0 ...:.........D.J'T�2C/1. ............................................................................
ProposedUse .. ld�}.°I. .........er/....................................................................................................................
ZoningDistrict ........................................................Fire District .5.�.. .U�..... �T2
................ ............ ./Cad-.f�-........../........./.,.,........
Name of Owner .......5.....................Address .. . . .... ........................`,..... .. s`�v�. ....
Name of Builder ....../�/r1Jo.4....f 'G...Address ....................................................................................
Nameof Architect ..................................................................Address ....................................................................................
Number of Rooms ................. ............................................Foundation aVM4Ae-A<...... ....................................
Exterior ...7 ....................................................................Roofing ,J .1 ........................................................
Floors �"..GrGz � .Interior
Heating ... �/ ..............................................................Plumbing ....., ........................................................
Fireplace /'�/ ............................................................Approximate Cost .�'..4.�f7:&.......
...... .. ........................:...........
' J
Definitive Plan Approved by Planning Board ---------------------------------19________ . Area SJ.G...........................
Diagram of Lot and Building with Dimensions
g 9 Fee;; ... ...........................
SUBJECT TO APPROVAL OF BOARD OF HEALTH
OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction. /- /:�
Namedr-G2
Construction Supervisor's License 0./,�c 3
SILVIA, FLOYD & RONALD
29761 Demolish & Reconstruct
No ................. Permit for ....................................
Storage Shed
.........................................................................
Location ...44..Warren..Avenue
.............................. ........
.......... .......................................
7. Owner .....Floyd & Ronald...Silvia...............
Type of Construction ...EXAMP............................
.....................................................:..........................
Plot. ............................ Lot .................................
• 4,r
Permit- Granted .... ............19 86
Date of Inspection ...........19
Date Completed ........... ..... ... ..............19
A
Z
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100
36" black'oak #259/3 ,
�JSSu•lA'pT' R n
N I.P. _ i 1 N N A VJ1DE Ot
NANIIJCKET FND. OFF • ��r/� jv C.B.
a:E _ � rrt'1 PR1VA W �.�e�e �J / FND. OFF
�3 �P N8p•14,p
125.00' ��i ���� berm g0.15'45'E 00
`pry �1 150.9V
R8 0
�n w
C.B.' 0.
uNE i FND.OF Q wpY 1 �I a
p rm 1 1 Et LINES ,°, s
r.r. tie'wall
OF �
BENCHMARK 18 1 #54l �g' wood fence` PA�ICIA CR05BY m
TOP OF C.B. __ Tc I �. 5'
EL. = 20.79' wood C.
` y / z
ELEVATIONS ARE 6{ence rac 1 ora9e. a-
BASED ON N.G.V.D. '1 no fou�1, 1 / 1 a
goro90
_1 tl.e1.18.
no Ind JJfp rn / I
' �I,eL19,45 �• 7•
TOTAL AREA OF EXISTING BUILDINGS 15' ' / �a Ut,JIT C nr 1 c
:1,850 S.F. £ L / Oa
a 11
• TOTAL AREA OF NEW CONSTRUCTION a ppOSED GAR�Gr`
5.191 S.F. PR /, �0 1 \
1S11NG LINE N r^
ASSESSORS �, CpMMON o / 1 C.B. \
MAP 139 PARCEL&74 �� UN1t 0 �,�°� ND. S \
ZONE G 1 � o 5.00, h 12.41 4 f
r / C.B. ,�' 2 8 SS46 C.B.
RAF-1 & A.P. i, So ' - ND.
RF-1
MINIMUMS
AREA = 43,560 S.F. Z 3 P100
FRONTAGE = 20' NILWIDTH = 125' L
FRONT SETBACK = 30'
SIDE SETBACKS = 15' � Z ' � __ _• _ —
REAR SETBACK = 15'S
VILDING HEIGHT = 30'
1 cOnc. s'Ot � \ & DEgORAH GIL PATRICK
1 ! W GEO GE Y
zu
SITE PLAN OF PROPOSED CONSTRUCTION
LOTS 20I1A 12 AT #49 WARREN STREET
22,558 S.F.
IN
0.52 Ac. `
\ \` (OSTER-kLE)
N80'27,gg•E
PLAN 0
BARNSTABLE MASS.
GRAPHIC SCALE FOR
5 pp C.B.
0 20 40 FND.OFF 579• 08'W
FF 52' F"° PECK NOMINEE TRUST
SCALE: 1" = 20' DATE: JUNE 10; 199.9
e N REVISED: SEPTEMBER 23. 1999
`+ BAXTER & NYE INC.
61Q ' a b EAS T 40' �0E �`NOF11q` REGISTERED LAND SURVEYORS
PR1VA WAY /oz IEPH NAy CIVIL ENGINEERS
SEP 23 li:i ❑STERVILLE, MASS.
Nc.i0:.ar,
MWN OF BARNSfABLE
8 F
FSSfUfJ •
#97128_74
j DEED REFERENCE: BOOK 4281
PAGE 151. '
5141 S.F. BRUCt -
HIT
TOTAL AREA Or-NEW CONSTRUCTION N80•t4,1
3,E
j RY TS AL 5.191 S.F. C.B. #2
75.00'
AK FND.
LOC
WIANNO NAN1UCKET & PHILlp L• CNASE a
P SIMM r WILoom ry \
MARILYN '• Ng0•j413'E f in
Y
LOCUS MAP 200.00' m
SCALE 1 25,000 ! / CK LINES /y TI0
J
" OLIVE FIELD • .,
ASSESSORS y I.P. SE BA
Z FND. OFF o a
MAP 139 PARCEL 67 I " 448 S.F
ZONE y pp,110 / 740 S•GPRx 1, mI
RF-1 & A.P. = rn1 �15.F. c�Rnct UNIT B o
RF-1 �I `LfO IT A o,. Co
MINIMUMS � c UN _ ry nr o y
AREA = 43,560 S.F. o I o 0 cn e
FRONTAGE = 20' U!m /`LR S.nNG PR SSE p�VfctlAY f _ N o kisfin BENCHMARK C.B.
WIDTH = 125' ? 610 COMM LINE I 1 —�— rn 9 bVlia�n9 TOP OF M.B. N80'14 U6 E OFF
FRONT SETBACK 30' m / kB.
SIDE SETBACKS = 15' FND. OF WA R UNE
REAR SETBACK = 15' S8
6' stockade r 1 WAU� dec w 8'w \4
BUILDING HEIGHT = 30' 1 ` 00 p•14'0 '
fence 1 I \ 7 #339/1
° �9aro9e 1 i
c 1 building
o L r f.f. el, Z f �� ..
ro I ding #259/3.
I
exlslin9l I a 1
#44 92.313' �
36" black oak
i t
vl
Sao.
W REST. �'. ■_
FND. OFF t N 4. VADE e of pavement
C.B.
y�tAR pRIVA W ed� ( FND. OFF
4'08'E
== f� 1
N80'1 berm 0.15'45'E
C.B. 12`�.p0' ryry N8 °
FND.OFF cq 150•g8'
O ' I
° WA / ',.:� FND OF ry I VEwAr /1
berm I� 1
BENCHMARK e
TOP OF C.B.
EL a 20.79'
ELEVATIONS ARE SITE PLAN OF PROPOSED CONSTRUCTION
BASED ON N.G.V.D.
AT #44 WARREN STREET
IN
(OSTERVILLE)
4
BARNSTABLE MASS.
LOTS 3,4,& PART OF 5 FOR
20,001 S.F. PECK NOMINEE TRUST
`. 0.46 Ac. SCALE: 1 = 20' DATE: JUNE 10, 1999
REVISED: SEPTEMBER 23, 1999
ELAN BAXTER & NYE INC.
�O s; . REGISTERED LAND SURVEYORS
I� 23 D GRAPHIC SCALE +.N `'. CIVIL ENGINEERS
sp
0 20 40 ` ❑STERVILLE, MASS.
OFBAIWSTABLE N3 Dais
nF
#97128-67
DEED REFERENCE: BOOK 4281 PAGE 151.