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Home My WebLink About0381 OLD FALMOUTH ROAD UNIT 16I t Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1995-106—Riedell Appeal of the Building Commissioner Decision Summary Overruled Building Commissioner's Decision Applicant&Owner: Sharron E. Riedell, Trustee of Woodland Realty Trust Applicant's Address: Unit 16, 381 Old Falmouth Road, Marstons Mills, MA Assessor's Map/Parcel: 123-003-Unit 16, Zoning: RF Residential F Zoning District Groundwater Overlay: GP-Groundwater Protection Overlay District Applicant's Request: Appealed in accordance with MGL Chapter 40A, Sections 7, 8 and 15,the June 5, 1995 Decision of the Building Commissioner,that the use Irrigation and Landscape Business is not in compliance with the permitted uses under the Special Permit issued to the locus. Background Information: The locus of this Appeal is at the intersection of Old Falmouth Road and Flint Street, Marstons Mills. According to the Assessors records, the parcel contains 7.64 acres and is developed with a 43 unit commercial condominium structure containing 68,000 sq.ft. The lot in question is located in the GP Groundwater Protection Overlay District which went into effect in November 1987 and was amended in both 1989 and in 1993. The structure was constructed in 1987 as authorized by Special Permit 1986-46. The locus has the benefits of three Special Permits. Special Permit No. 1970-72 for a change in a non-conforming use authorized the construct and change in use to a warehouse, storage yard and carpentry shop with the condition that it comply with the restrictions contained in the Service and Distribution (S&D) Zoning District. Special Permit No. 1986-46 granted a change in a non-conforming use of a sand and gravel pit and accessory uses to building and allied trade shops and storage units. The permit granted the rights to construct a 68,000 sq.ft. one story structure, 174 parking spaces, and a small fenced in exterior storage area all in accordance with plans filed. The building was to be divided into 16 units 40'X50' in area, 24 units of 20'X50', and then a 100'X120'fenced in exterior storage area connected to the original building. The intent was to have tradesmen there but not to produce a finished product for sale at this site. Special Permit No. 1991-54 further clarified Special Permit No. 1986-46 to allow for the outside parking of registered vehicles, incidental to the uses of the site and that no outside overnight storage of unregistered vehicles, materials and trailers is permitted. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 17, 1995. A Public Hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The Hearing was opened on August 16, 1995 and continued to August 30, 1995 at which time the Board found to overrule the decision of the Building Commissioner. Board members sitting on this appeal were: Emmett Glynn, Richard Boy, Gene Burman, Ron Jansson, and Chairman Gail Nightingale. r Zoning Board of Appeals-Decision and Notice Appeal Number 1995-106—Riedell Attorney Michael Ford represented the applicant on this appeal. He noted that the Board had interpreted in Appeal No 1995-87 that the Special Permit issued in 1986 was to permit uses related to the building trades and allied businesses. He stated that the an Irrigation and Landscape business does fit the condition imposed by the Special Permit and that it is an allied business to the building trades. The Board wished a clarification that no manufacturing of irrigation part was occurring on site. -Attorney Ford verified that all materials were manufactured elsewhere and this location was utilized for material storage and assembly of parts for use at the job site. The public was requested to testify. No one spoke in opposition or in favor of this appeal. Finding of Facts: Based upon the testimony given during the Public Hearing on this appeal, the Board unanimously found the following findings of fact: 1. An irrigation and landscape business does fit the condition imposed by the Special Permit and that it is an allied business to the building trades. 2. No manufacturing of components occurs at this site. Decision: Based upon the positive findings a motion was duly made and seconded to overrule the June 5, 1995 decision of the Building Commissioner. The Vote was as follows: AYE: Emmett Glynn, Richard Boy, Gene Burman, Ron Jansson, and Chairman Gail Nightingale NAY: None Order: The Board has overruled the decision of the Building Commissioner with respect to the irrigation and landscape business located at Unit 16, 381 Old Falmouth Road, Marstons Mills, MA. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision in the office of the Town Clerk. , 1995 Gail Nightingale, Chairman Date Signed I Linda Leppanen, 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 of 1995 under the pains and penalties of perjury. Linda Leppanen, Town Clerk 2 CRC The Town of Barnstable 'Department of Health Safe and Environmental Services • a►ar�sr�. • t3' KAM �' Building Division �e39. " 367 Main Street, Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-90-6230 Building Commissioner July 13, 1995 Ms Sharron E. Riedell, Trustee Woodland Realty Trust C/O Attorney Michael D. Ford P. O. Box 665 West Harwich, MA 02671 Re: 381 Old Falmouth Road, Marstons Mills Dear Property Owner: In July of 1986, a Special Permit was granted to construct a building to house"trade shops" and"storage units" at 381 Old Falmouth Road,Marstons Mills. This permit was to construct a 68,000 square foot one story building with 174 parking spaces and a small fenced in exterior storage area. Our information is that your use in Unit 16 is in violation of this Special Permit. You must take steps to conform to this Special Permit as soon as possible. If you believe this action is incorrect, you may appeal to the Zoning Board of Appeals. I would encourage you to do this as only the Zoning Board can authorize your use in that building. Current Use: Water Works Irrigation, Inc. and M&M Landscape Sincerely, Ralph M. Crossen Building Commissioner RMC/km Q950605A ��Y { l i .� .. t . + , i r � 4 1 �.r- � I . I IR1'23 I TAX ACCOUNTING I 1 —2, L E:7 7—1 -1 o2j 8,,:::9 1 RECEIPT NO. PAYMENT -1"0 X YEAR/B. G. AMOUNT DATE T Y PI El 6 6 5'?1 ------CERTIF-'-"IEF-I OWNER------ TAX DUE 502'. 11 1 OUTSTANDING e 00 FR I EDELL. SHARRON E TRUSTEE I TAX CODE :3 C) i I C I TY 0:3 1 I 1 S)**r*R i c-r,s CO -------JAI\IUARY 1. OWI\IER------- ACTION 1. MORTGAGE CODE -"'91011 RIEDELL, SHARRON E "1*'RLJF-.)TEE I ------CERTIFIED VAL.L.)I=S--.---- OWI\IER----..---- TAX EXEMPT 0 1 R 11 El.i F VMS H A.-F !N,I:,m)�#Ef tl'iRL.J-S.-F T A EE I XABLE I WOOEIL�AKID REAlf-lPy IT - I RESIDENTI- 00 1 MAIN ST I TAXABLE . 0(") --1 OSTE'**RV I LLE IIA 6 5 1 OPEN SPACE o(-) I (") Ca] TAXABLE .-00 1 -SPECIAL LEGAL. DESCRIPTION- COMMERCIAL *7::-::, 7(:)(). 1 7 .E 78* - 7 -7 -1-AXABL 7oO. ()0 I OLD F A L 110 U T F-I -R D I I NDUSTR I Al . 00 .1 :1-f-LJT BLDG I Ul\l'f T I TAXABLE e (.:)o J *COI"111ON AREA 2. :*=',,I!�'J6'4 1 L L F A L lvl 0 U-F H R D CONDO "I LEGAL I IESC CONT'D X MT I :)I y PROPERTY ADDRESS I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CSTATE I PCS I NBHD KEY No. LAND/OTHER FEATURES DESCRIPTION I ADJUSTMENT FACTORS T -12 _ Laea epDale , UNIT ADJ•D.UNIT RES/UNITS V P<ripon C FF-De vncres _OC./YR.SPEC.CLASS ADJ! COND. P PRICE PRICE AC R I E 0 E LLii -S H A R R 0 N E -TRUSTEE M A P� #BLDG(S)-CARD-1 �3 78,700 CARDSINACCOUNT — #PL'381 i OLD:FALMOUT.H. RD • . 01. OF 01 A NUT BLDG:1-:UNIT'16 COST 1178700 N *COMMON AREA 2:8156X MARKET D _ -*381 ;OLD.SFALMOUTH"RO+CONDO• INCOME A - #RR;11474 "USE D APPRAISEDIVALUE p _ ........ ,.._ .. �..._.._ .. .. _. A . '781700 A U PARCEL:SUMMARY T S _ . LAND _ T ..._.. -IMPS.. -- 'TOTAL! '78700 Nf CNST E N DEED REFEFIENCFA 7yPo DATE Report PRIOR'.TEAR 1 VALUE A T Book Page msl. MO. Yr.D sal re Pr cs 'LAND T S 8229/094 �09/92-A 1 ;SLOGS '78700 U 8144/05� �07/92 8 - ItTOTAL' . 78700 R 6097/31R ; 01/88 B 11 E BUILDING PERMIT S - _- Number Date Type Amount LAND :LAND-ADJ . INC ME SE SP-BLDS FEATURE - BL"ADJ UNITS Class Con Sl. Total Base Rate Rate AOI'. Year Buill Age NOfm. Ob% Uails UnnS (vJyy 51�, 9 Depr. DOnA. CND. LOc. %R.G _ RBPI.Cost New Aoj.Rapt.Value Stories. Haight Rooms �Bad qms Bettis I fls. I PsrlywsP File. 05C f 000. :100:100. 65i,80 65:80> '87,87 c•4.1�i9.7 65 :.62 :126994-_. - 78700'1,iO Des-plion Rate Seuare Feet Repl.Cost MKT.INDEX: '..1 I00 IMP.BY/DATE: SCALE: ELEMENTS CODEJ CONSTRUCTION DETAIL S .13AS1100, 65:80. '1930. 126994'GROSSIAREAi, - '1930:•CONDOMINIUM_ tCNST!GP:00 T STYLE___-____ _3_ STEEC'_YAREHSE_ ° 0.- R DESIGN'ADJMT.• 0 0. ------------- --- ---------------------- U r• -•• - -• EXTER.YALLS 3 FRAME'ON'STEEL I' 0: C HEAT/AC+TYPE ' 01NONE' ---------------- T .. INTER.FINISH -0- V---------------- 0.- U v .SL.DG#1IU11kI_kTf�16 ::.::_. INTER.LAYOUT 0 ------------------ p. R' GR-OUND�FL'OORINTER.oUALTY; _0_ ____-_____------- Q-- A ! :HEIGHT:22' I !- FLOOR STRUCT` 0 CONCRETE SLAB 0. L D ! ' S4 F.r '.1930. FLOOR 1 COVER -0- - - - --- 0.- 7otel Areas Aus- Base -•'Y,_•'- E :1930 .+---t----, . , .�----+•= ROOF:TYPE---- '_1__METAL ---------------- BUILDING 0.- ----------- - -----------.- 0.- T DIMENSIONS ELECTRICAL' 0 . _.. _... _ ___ ______________________ A •..... FOUNDATION 01POURED'CONCi _ 99: - _ t L - 381�OLD FALMOUTHrROAD!'(43,UNITS) :LAND -.. ;TOTAL° (MARKET • PARCEL' 78700 i 'AREAr .. t VARIANCE : j i STANDARD 25, . TOPOGRAPHY;. —TOPOGRAPHY' *!UTILITIES *'UTILITIES �• -*'UTILITIES-' UTILITIES °ST FEATURE_ •*.STZFEATURE +►-STPFEATURE ' *:ST:*LONG. *'TRAEEIE DYELLiL'OC -*.LOCATIONt -*;AMENITIES• -*:AMENITIES -* NUISANCES ;NUISANCES * , - :r *. THT.100 / S TENANT LISTING [! Tenant Statt Property : 010 - RNR PROPERTIES TNT TENANT NAME 6 PHONE UNIT UNIT t DATE MOVED LEASE ID ID SHARE IN 6 OUT BEG & END SIS GAVIN, COURTNEY J. 2 100.000 06-01-89 06-01-89 508-548-3701 05-31-90 NM MARINA, NAUTICUS 4 100.000 10-01-89 10-01-89 508-428-4537 09-30-90 NM MARINA, NAUTICUS 5 100.000 10-01-89 10-01-89 508-428-4537 09-30-90 9 - RP PROIA, RONALD 13 100.000 03-01-89 03-01-89 508-420-0728 01-31-91 RP PROIA, MR. RONALD 14 100.000 01-15-89 02-01-89 508-430-1621 01-31-91 'LL CONSTRUCTION,'LUNDGREH 16 0 01 89 _ y 508_771-1986-' A68 INC., LANNSENSE, 39 100.000 07-01-89 07-01-89 508-428-5674 06-30-90 LCR INC., LCR TANKS, 41 100.000 06-01-89 06-01-89 508-778-6002 05-31-90 TCC TAROUIN, CAPE LEISURE INC. D/B 42 100.000 06-01-89 508-428-1175 TCC TAROUIN, CAPE LEISURE, INC. D8 43 100.000 12-01-88 08-19-88 508-428-1175 08-31-90 .