HomeMy WebLinkAbout1324 SERVICE ROAD 1
u
OxfordNO. 152 1/3 ORA
02/09/1998 22:14 5067902707 STEARNS&WHELER '(HYA) PAGE 04
Cf
TOWN OF BARNSTABLE
8oxrd of Appeals
a
Petitioner
Appeal No. i975"69 December 23 197;
FACTS and DECISION
Petitioner -c3a�e-�od-0al�} pia 4 r_ filed petition on -Upt,14-- 1975 ,
requesting a- variance-permit for premises at0ak-St&,*q e_Ra+ut®.b Street, in the village
Of j;ea ga }�_-. , adjoining premises of_Valeott R. Ames at al.; Frederiok Atwood;
l ti92"z-3;"1Mravo of mcxT"Dougtas-x.--llryans etal;
th J. Conant;,,I;3uuozer & Evelyn Crosby; William $. & Evelyn L. Ebel; Barney C. Jaffe; Joan
CZtrf= SellylMal= KX33UMT-1UMre7-&-F 1a X. xMPb4ul-70a'sv e
:Ginn= Leo F. Casey & J. MacOinn; Massaehusetta Highway Department; Mary P. McNulty; Now.
;land TMgr&pt-2-T828'pZi= r 171tva ' . iia H.
:mood E. Sherman <fFAm4L 0'. Smithl In]a Soininen; Arthur H. d: Adele X. SDellenberg; Charles
uiey; tail}lass- Y--Sw�1' u- 3etr $ett�-�.--CFI-13t��f-dolma-ZaaasB -
for the purpose of mottric. } age ..�#,�gn +_y�i► y�QRrn
--vf-daps•-•(hoc.•••Eabelviefct�--Confc�rs�tvrs.,_..__._...._.._._..._ _._._.._.___,____._._.,.._..»
Locus is presently zoned in _ oni=c..qi"rah
Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and
by publisheu; in Cape Cod News a weekly newspaper published in Town of Barustable a copy of
which is attached to the record of these proceedings filed with Ton•u Clerk.
A public hearing by the Board of Appeals of the ToAru of Barnstable was held at the Town
Office Building, Hyannis, blass., at __4100_____J=P.2f. _Qc-obar 1 — 1975 ,
upon said potition under zoning by-laws.
Present at the bearing iv ere the follo-ing members.
Jcss 1 ;: l,'illiams :ia:y Ran )3. °t:a�cr LuPc)rd 11. coins
Chairman
5
02/09/1998 22: 14 50879e2707 STEARNS&WHtLtH (HYA) PAGE b5
` At the couclusion of tlie lieariue, the Board took said petition under
udvisomeut. A view of the lueua was liad by the Board.
On _ -De ce;ber 19 �, the Board of
Appeals found
The Petitioner, Cape Cod Cablevision Corporation, has appealed to the Poe rd
of Appeals and petitions for a variance frcn Section I g Use Reeulaticns,
be idence Dsitricts, ERarn.stable 'oning By-Lau: as revised.Dece:-ber IS'', 1.S74,
tc-. allow construction of two buildings and antenna tca;er for headc_ur.zt2rs
of Cape Cod Cab'_evision Corporation at the ,junction of Oak Street and
Ro. te 6, 'Vest Barnstable in an In Zoning District.
Attorney Mi::hael O'Neil represented Petitioner. Because of the irrejular shape
of the three separately unbuildable lots comprising locus,. the more than 10,
slope -on locus and its proximity to the traffic and unsigJtly view of the
Acdess Road, there is a hardship unique to locus which makes it unsuitable
for residential development. The wection of a studio. and tower would not be
detrimental to the area as it would generate little traffic and there are
already other towers in the area. Building, .exclusive of the tower itself,
would be kept below the tree line and'screened- from residential properties.
The 12 truck serrice fleet would be radio dispatched and. leave in the
morAing and return at night. This would not be in derogation of the by-law
as Petiti^ner represents an amenity t- the Town, which the by-law is designed
tc promote.
' Opposition was based on. lack of hardship unique to locus, as o her houses:hgve
been built in the area; detriment to an area already clustered with towers,
hazardous traffic condition at the corner of Oak Street and Access Road and
derogation of the by-law in allowinC a business in a redidential zone.
The Board examined the Petitioner's Ergunent that the configuration of the
land, namely triangular, was pertinent to the hardship presented in t is
petition. The Board rejects tlis art=ent since the triangular shape is
attained by a grouping of three separate parcels. However, the Board examined
each parcel in regard to hardship as defined in Massachusetts General Laws
Ter. Ed. Chapter 40A as amended, and found one parcel which is long and
narrow which could not have a road put in and be developed as a niece of
residential property; one small triangular parcel which co•.:1; conceivably be
built upon but, because of its location on a corner it -wcald be difficult to
build a house of any size which wo,.:ld take it economically feasible and still
meet all setback requirements; and a thi-d parcel, which is scuare, on the
access r. ad, abutted on two sides by nonbuildable lots. These parcels all
have .close prcxir..ity to th:, Mid—Cane 'Highway and the Access Road and, therefore,
the noise .and fume level would be quite high. The substrata Pound in the soil
on these parcels is of the type which calls f^r expensive and large leaching
fields. The Begird feels that it would be improbable that anyone cobld build
a house with these expensive fields at an economically feasible figure. The
Board further feels that the use of t'Zis land for the purposes of t;,1a petition
w u1d mftr Abe elopment of this laWaF�F;ao�5pAJy feasible. The Board feels
Town Clerk Town of Barnstable
.applicant
Persons interested � c
Building Inspector
Public Information By _
Board of Appeals rm
02/09/19'38 [U:14 bu8IJU2101 STEARNS&WHELER (HYA) PAGE 06
BOARD OF APPEALS
Appeal No. 1975.-6?/Cele nor. Cable-Aaicn Corporation - Facts & Decisl:.n - 'Page 3
that these parcels are unioue and that the three aforementioned reasons f:r
hardship m<ke a cu:ril.ati re ar unont u7hicr wog,ld meet the rzquirA.rc.;nta of
hardchit' as de`'incd in :;hapter 4oA, supra.
The Zo r-' exar.- ned thri petition as tc. detriment and fc.,nd that the mere
existence of the building and the tower would not be detrimental -to the
ar_a involved. However, the Board. found that in order to grant this
petition without detriment t.. the area,. certain restrictions should be
:Lmposed which w uld guarantee a lack of detriment. Therefore, . the Board
v.ted to impose the following restrictions:
1) The fleet of repair and/or installation trucks shall not be
based or 7araged on the locus.
2) Locus may be used fir the storage of small parts; however, tine
warehouse may not be used f::r the storage of large reels of wire
or anything of a nature that would require. large trucks to travel
through a residential area., nor cause undue hardship to the
neighborhood by a heavy load of traffic.
The height of the buildings,exclusive cf the tower itself, shall
be .no-greater that the tree line •and. the trees shall.be maLatained.
The reas n the Board imposes these restrictions is the fact that the
growth cf. Cablevision is an unknown factor and the fact that whit now is
a fleet of twelve (12) installation and repair turcks,cculd in fu-,�tre iner ase
to an un.:nown number.
One Board found no derogation of the Barnstable Zoning by-Lai.* in as much as
Cablevi.si•.n is one of the amenities which the by-law was set up to further.
The Board further fo::nd that this was tantamount to a public service and
if it were not for the ca=ercial aspsct, this would be considered as a
public sex-rice'.
Therefore, the Board voted uaanimously to grant this petition for variance
%-ith the aforementioned restrictions.
Board o Appeals
To;:n of Barns�tafte
By
C le
F
Accrss i.*** r.... w v) ROAD
2.6027441 TA
.Ic• 0/.?Srt-9d90
2S,e 00
h
C
v
"
C 2
` 4Q 2/O a
� 5sf
1 S.Sti
9�
J �' P; E•
c 3 .Qp. � ►9
r7.d20 f •�,L61 y��
yt OP a.• '.hte Pvm..ee r.it re.,are
�9 the a;;raval -` chhaa Bccari of >urvap 4 h r Ty 1 --'�—
5e �' SL/6division of Land in Wes/Barnsleble. Mass
� ery PAOPtRTY Or
6
py0 BARmARA MOORS
? —, 5uk:11..d,-Ao reef - April to, .t 96L
CIVIL ENO'0..
to K41o00
f 1 C&TURYILL!
I RECOKW n -_•�
i
1 4
,
/
CD
/ ` N
• N
/ LQ
/ LQ
Up
� r
/1100,
\ N
1 STORY� a
CONCRETE
u.
LC
m
i
A
v
cre�E oM
uv r/OOMDW
G= �
0 40 80
M.
• �SCALE: t"=44 1000 cn'
/ cn
o
.0e
` D
m
N
/
.0010,
• �
• D
m
• m
h c:�