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HomeMy WebLinkAbout0044 WARREN STREET 13 Cf l i �dd e o n ACTIVE B { o i i o e �l1 1 e •� off„ i u e n n a� 0, ru,� �a � a @ a" �- a uo I Aim, , n�b .� -,...�,�..�;�..:v.x.•.acvr. .,:y�„�.`�. .�y ,a:i • aa:1�M16�tfw:u.+iwwc�wWb4,.as�.a:::.s„,�,a, _..,.,-,�wr.Wl�yn. _ _ _ Lcl6 f c c 4 Z.e-)-4 3:7"7" �eN oau.l . - titan -s' - rcr f r�. sf f w� vfln AY s 0 - 4 IKE j`. BARNgrABM 117 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 i 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 to Square feet: st floor: existing proposed 2nd floor: existing proposed Total new Valuation T ZoningDistrict Flood Plain Groundwater Overlay Y 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`��� `t a FOR OFFICIAL USE ONLY Elf MIT NO. P lj � g DATE ISSUED MAP/PARCEL NO. ' ADDRESS VILLAGE 1 OWNER DATE OF INSPECTION: 'FOUNDATION FRAME INSULATION FIREPLACE i e ,r ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH -FINAL 09 -. GAS: ROUGH FINAL FINAL BUILDING DATE•CLOSED OUT U o ASSOCIATION PLAN NO. 4 ' T r j ai SENDER: -. -' t' I also wish to receive the :o ■Complete items 1 and/or 2 for additional services. following Services(for an 0 ■Complete items 3,4a,and 4b: ' d ■Print your name and address on the reverse of this form sathat we can return this extra fee): 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 0 3.Article Addressed to: 4a.Article Number 13 7040 QST aal 8-,28D f,53 IM o• S/L✓�� $ SJ L✓/14 4b.Service Type c ❑ Registered Certified cc co ❑ Express Mail ❑ Insured � cc �L a�� o�� /) ,/J C;'Return Receipt for Merchandise ❑ COD 5 7.Da elive o �! �/ v� o 5.Received By: (Print Name) 8.Addressee's Address(Only if requested Y and fee is paid) L 6.Sign t r . Lddressee or Age nt ~ Ty ? iijjjj it it S i !it- PS ? t ir; i ii � iti tr ii i i t�ri PS Form 811,December 1994 102595-98-B-0229 Domestic Return Receipt fltlWi91��.5sTI`j i i 'i; i 1 4 1 i i low Mm nUNITED STATES POSTAL SERVICE ��P' FlfSt CI��® I G_mnv {tomlhc • hInV Print your na d ZIP Qj&99Ns grace! ® M Town of Barnstable Building Division 367 Main St. Hyannis,MA 02601 I3 3 3 }i ii 43 33' i.i In 31 3 $1. i ii�:-.ttttta:et..ott4.citnta:at�,:.resatttt:.oi:t :.t:ats:::atttr�.:.. 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 , t BAmRrABIE. • �,' 1 1I ,• 11� 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 In 100.009 CONCRETE FOUNDATION 16.6't TF = 22.8' . 0) 0) 0) LOT A w 9,977 SFf 91 H= s 100.00' 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 GROUND AS SHOWN HEREON. o�� ARNEcy otr sos-m-4s4i � H. fox 5m M-m down cape engineering, inc. �Ll ^A� 9�,� Ar /l df7p � CIVII. ENGINEERS At --�--- ----------- ,��Rp$ --- 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 � 'll:i� :v?c-:�v^-^r�c•r- ^ate � i.i.► Na, j.3 _iaj 0 30 . - - - - ✓ 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 ' -'..... . .. . 92 11 Mtn art" r (/ 1 n� 6 r . p� n 93 on 64 win w1a 02 ,n wr Lei 66 air 1 i ■ _ ut N es arpw 78 ow olm *16 ry win .. c 84" :0' O iw 85 ^f3m ; } 86' won 14 In Ong IAJ WIN 16 1 10 rq � wm lI�*"1 J Mug ��° �,�m MVA �. fm MAP 1-39 PARCEL 074 N W E SCU: 1°=200' _ g:\bamldgn\m139p74.dgn Jul.01,1999 15:37:27 MM 54 ! i;'a i"`t .c► '' In �i r\�"�r4`ry.'� �f `a t\ 1� ��i. rp�F JT ?SSA•... I xv pi 3 x.,� ''$.l eJ �f1S a5 s Sf`,e ti'i'�` /� �}•-�`iy'*i.K�7W 7✓� .• _, V [Rb.. -4- s '& f�ry� y �-�F. n�r u�r Y r��,rabf�" -.�yr I � t i� l�c• ww • ��+'t;�. `a �!'Y�y� t��a(�T{t s � f,s,S`�Y� w <` "S��^•i�,�"tasl- '�v.t5'�jP' i ����1' 'ae� 7 �✓ty; �5 :Y + ^'It ary •�i t�s$'s'i etc �'� 5p• � � i rs ice. > a t n ;��i-"'° �Jn{ .G � r' i`:�:'..� V {� rl � 's �C• 'crr.E i r�{sp.-C��c�� �� ✓ J s f � � _ R.� •ta- i2�. �� �Y a ,rJ r�,,��L rrtF rr�i� :. v .��� "'a't # —�IL_ a�lik � o�f���l➢) "5g®i— d f— Z.- ;e_.. .�'�`;i9'dY""�` J•. �. �-yr.�.i el'J — `sd I J I.�I `` I - - ,I It's S V —•'- 3g I all 6 �^v-.c- - •� .;mt�::.c�cr d -•+� -�-.t �, a,G/ �^ ��.�, R iln 1 pt �.t.lvv� 'W c`T,"�.- °r'•c ti' ."'• ? A � ,� t' � ..r S N' .�yttrr'� ";��+ �"' ) r5. .*q' _ .r- ! J t7 u Y •'A 1 J {S S t cn 1 �1✓fc f tt f �(��v h `'S4r } lucs'c zti .r.� i .y� � •,,, a® 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 } 'i 2n 1r 1 Iln ♦ win win 60 61 Iw � In IX �. 11 1 Y 1 \ ` wv1 I- rll�7 is P 'O �9 r � _ AW n! `mow r w in 22 W to r no r ^' r, Drat Iv 1 Ag wul. / ' a 74` 11 tV' Iw / N w In w 7 In 1 !3 `- #to - In'- In wnI AN to \ 85 il� 178 III V •iw �l9 w1a. •e 84 v , /N90 O v I on win 82 81to 88 `y wIN30 win i wsn ` 12 ` Ins _ \ Ld 0 twin .J ,slrin 16 1 �- �'p � 4 . as 1 1 '14 w wn 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�. '0 4 'tea- ' '' -; •�� ; =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 _ 5 • t � • 7 is_.:. , i ,�c- f Z i � t• T•L} t r � ryh P � �f • 't ./' ,�, 5-„ yt �.3y�K^�FAL�-�l" 'h• w,fir 4;,�• . • �'t r` -d' ' �:tir` �r Yti-�tx l 7•ct n� 3.aij �, . �ik F a,, { S.,T V � •.. W. r r < r `• l r •7..'c. .r -'�� ' t�+,.�wf s� �. y t,Ki`o�,� ,�� ,�\lt�+di,,T v*l& vie, a r Y. Eti. 11 ;7yy y� yv�{ 4Rv� tS - .♦ .. .. + :' { '�dY�xt:�f�t`Y+l'r-i/`\ �{A}5 �A..C�t,_ t ,.t fK I •,4 t r ,u �Sxs 1,�,.S c H + ,+v�t•.� i.J•t 1 E d 'M'',�}4 3 t Yt"�yxn��M�r✓h4�r,F 1';.` i. . 6 * r !µ Q TWO clog,." lr a' k a Y, •• e d, 2 x^, rMo r 1 100 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.