The URL can be used to link to this page

Home My WebLink About0381 OLD FALMOUTH ROAD Unit 32 17 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1995-101 —Souza Appeal of the Building Commissioner Decision Summary Overruled Building Commissioner's Decision Applicant&Owner: Donald and Judith Souza Applicant's Address: Unit 32, 381 Old Falmouth Road, Marstons Mills, MA Assessor's Map/Parcel: 123-003-Unit 32, 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 business"Fantastic Finishes"a bathroom renovations 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. Zoning Board of Appeals-Decision and Notice d Appeal Number 1995-101 —Souza 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 business known as "Fantastic Finishes" is a bathroom renovations business and is related to the construction industries in that renovation is part of the construction trades. 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. The business"Fantastic Finishes", a bathroom renovations business, is related to the building trades. 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 business "Fantastic Finishes" a bathroom renovations business located at Unit 32, 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 cRTME . The Town of Barnstable 'Department of Health Safe and Environmental Services MASS• s�er�, • P t3' s Building Division +" 367 Main Street, Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-90-6230 Building Commissioner July 13, 1995 Donald and Judith Souza 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,Marston 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. i Our information is that your use in Unit 32 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: Fantastic Finishes Sincerely, Ralph M. Crossen Building Commissioner RMC/km Q950605A P 015 496 642 _0 - Receipt for Certified Mail *. No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to Souza Street and No. P.O.,State and ZIP Code Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing pt to Whom&Date Delivered ra Return Receipt Showing to Whom, c Date,and Addressee's Address 7 TOTAL Postage C &Fees 0 Postmark or Date M I E `o U. N IL i STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CUSS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address y leaving the receipt attachtd and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. An 3. If you want a return receipt,write the certified mail number and your name and address on a c return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. C 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 0 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. a 6. Save this receipt and present it if you make inquiry. 1025e5-e3-z-0478 r UNITED STATES POSTA S J6i O O Re: Unit 32 F M s 381- Old F j.mouth Rd ' ,:,j Official Busines h #=NWEI Print your name, address and ZIP Code here I TOWN OF BAR WST ABLE BU ILD ING DI NI S ION HYANNAI SNMA 02601 III!IIf IdI PIII If If I III 111111 d I III III if III III I I I I Id I11111 i I ® SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the Complete items 3,and 4a&b. following services (for an extra v • Print your name and address on the reverse of this form so that we can fee): > i return this card to you. m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address y does not permit. `, • t • 2. ❑ Restricted Delivery Write"Return Receipt Requested"on the mailpiece below the article number. a j " • The Return Receipt will show to whom the article was delivered and the date j c delivered. Consult postmaster for fee. ra j -o 3. Article Addressed to: 4a. Article Number _m Donald and Judith Souza P 015 496 642 a 49 Fire Station Road 4b. Service Type m E ❑ Registered ❑ Insured j V Osterville, MA 02655 tM N ❑ Certified ❑ COD S ❑ Express Mail ❑ Return Receipt for W Merchandise C 7. Date of Delivery 0 a o I � j 5. g ature (Addressee) 8. Addressee's Address (Only if requested c I and fee is paid) I � I &C"r1 6. Signature (Agent) HPS Form 3811, December 1991 *U.S.GPO:1993-352-714 DOMESTIC RETURN RECEIPT 51, The Town of Barnstable Department of Health Safety and Environmental Services NAM Building Division 059. 367 Main Street, Hyannis MA 02601 Office: 508-790-6227. Ralph Crossen Fax: 508-90-6230 Building Commissioner June 7, 1995 Donald and Judith Souza 49 Fire Station Road Osterville, MA 02655 Re: 381 Old Falmouth Road, Marstons Mills Dear Mr. and Mrs. Souza: 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 3Tis 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: Fantastic Finishes Sincerely, Ralph M. Crossen Building Commissioner RMC/km Q950605A r o 1 ER 123 003. OAF 1 TAX .ACCOUNTING L- 1 2057—C 4030493 RECEIPT NO. PAYMENT TAX YEAR/B.B. AMOUNT DATE TYPE PID 66591 C l 1 1 1 1 C 1 . 1 C 1 1 1 1 1 C ' 1 1 C 1 1 1 1 1 U l 1 1 1 '` 1 .1 '' 1 1 1 1 --——— -CERTIFIED OWNER------ TAX DUE 31=,o-90 1 OUTSTANDING . 00 SOUTA, DONALD E & JUDITH E 1 TAX CODE. 300 1 CITY 033 DISTRICTS C O ---------JANUARY 1 OWNER------- ACTION 1 MORTGAGE_ CODE '''00001 SOUZA, DONALD E -& JUDITH E: 1 ----CERTIFIED VALUES---- -------CURRENT OWNER----=-- TAX EXEMPT . 00 ::I SOIJ-L"A, DONALD E & JUDITH E 1 TAXABLE . 00 1 . 49 FIRE STATION RD 1 RES I DE NT'L... . 00 1 OSTE:RVILL...E MA 026553 TAXABLE . 00 1 00003 1 OPEN SPACE . 00)0 :1 1 TAXABLE „ Cad 1 —SPECIAL LEGAL DESCRIPTION— 'COMMERCIAL :1 #BLDG(S) --C::ARD—i. TAXABLEvi . 1 OPL 381 OLD FAL..MOUTH 1 1 INDUSTRIAL W. - 1 #UT BLDG 1 UNLT 32 1 TAXABLE .00 1 *COMMON AREA 1 . 7257% . 1 1 . 81 OLD FAL.MOLJ'1 H RD CONDO 1 1 LEGAL DESC: CONT"D X MT C?1 'ROPERTV ADDRESS I - I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CSTATE LASS I PCs I NBHD KEY NO. 0381 FLINT STREET 03 30C 03CO 11/02/92 3191 00 0750 R123 003_OAF 403049 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T,, UNIT ADJ'D.UNIT Lane By/Date size D�mens�on ACRES/UNITS VALUE Deatriptlpn S O U Z A. D O N A L D E 8 J U D I T H E MAP— CD. FF De m/Acres LOC./VR.SPEC.CLASS ADJ. COND. P PRICE PRICE #8 L D G(S)—CARD-1 3 4 9 i 2 0 G CARDS IN ACCOUNT — L 4PL 381 OLD FALMOUTH RD 01 OF 01 A #UT BLDG 1 UNIT 32 N *COMMON.AREA 1 _7257% MARKET D *381 OLD FALMOUTH RD CONDO INCOME 1IRR 1147- USE A APPRAISED!VA.CUE D J FA 49.200 A U PARCEL SUMMARY T S LAND A T BLDGS .49200 - O—IMPS E :TOTAL - 49200__ F E N,CNST E N DEED REFERENC Type DATE Rae ad PRIOR.Y E A R i V A L U E A T Book Page mat. MO. Yr.p Seta,P6c. LAND T S 6100/1021 1,01/88 85000 BLDGS 49200 U 6097/319 1:01/88 8 1 TOTAL 49200 R t I E BUILDING PERMIT S Number Data Type Amount LAND LAND-ADJ INC ME SE SP—ELDS FEATURES BLD—ADJS UNITS Class Const. TOmI Base R.I. Adj.Rate Yee-Buitt Age Norm. Obsv. CND. La. %R.G. Repl.Cost New Ad):Repl-Value Stories. Height ROoma Rms Batba / P Units Unit9 AG'u(➢ fl9 Depr. Cone. I tg artywall Fat. 05C 000 •.100-100, 83.35 83.35 87 87 4.97 65 62 79433 49200 1.0 Desc,iption ' Rate Square Feat Rep'.Cost MKT.INDEX: 1.D D IMP.BY/DATE: / SCALE: ELEMENTS CODE CONSTRUCTION DETAIL S BAS . 100, 83.35 953 79433 GROSS AREA 953 •CONDOMINIUM CNST .GP:00 T STYLE 35COMMERCIAL, 0.0 R DFS7IGN77f6JMT. -00 -------------------9 U - EXTER:L1iL[S-- 30 AME-6M-STEEC---GA _. H1:ATIAZ",T4P -00 .-------------------U T - - ----. -- : INTER_TTRISv -00 ,------------------U:O ---- --------------U-0BLDG11 UN INTER;LAYOOT. -00 . GROUND, FLOOR:! " INTER=�4UACTY OD . ---------------O.D A ! -. HEIGHT 228 ! FtbOR �TROZfi . -00 -------------: -a:0 L D ! - S:F. 953 ' ! " FLOOR LOVER--]Aux ease 953 -00 -------------------a. E Total Areas 0 RaoF TY-pE---- -00.------------------Q.0 _ _ +---- --��+= R ,c ` T �{T BUILDING DIMENSIONS EL6-fT R3 CAL--- 00 --------------- y.Q A FaurtoAfiiOA--- _00------------------�4:9 L -----381 OC6- ACR WA-READ 763-U1fITS LAND 'TOTAL` MARKET { PARCEL' 49200 .AREA �=_ .. - • VARIANCE, • +0 . .♦0 . STANDARD 25 :TOPOGRAPHY; *rTOPOGRAPHY' *rUTILITIESr ; -*-UTILITIES. *'UTILITIES. / ST:FEATURE •*'ST;FEATURE -* ;STtfEATURE: `*;ST: SCOND: •*:)TRAFFIC F _ DWELL 4LOC: -*:LOCATION' .*IAMENITIES, '--*?AMENITIES - -*:NUISANCES NUISANCES THT.200 0w4/G a S TENANT LISTING (BY U G�4 _ Tenant Status = Property : 001 - 381 OLD FALMOUTH RD TNT TENANT NAME 6 PHONE UNIT UNIT 2 DATE MOVED LEASE ` Vy ID ID SHARE IN 6 OUT BEG & END CDR CHARLES D. ROGERS 1 100.000 12-01-88 YAK - RBS MR. RICHARD B. SELLARS 3 100.000 12-01-88 YA1�-- 8-T-46 CSR CARL S. RIEDELL 6 100.000 12-01-88 508-428-6365 AW ALLEN J. WHITE 7 100.000 12-01-88 508-775-1146 LDC L.D.C. REALTY TRUST 12 100.000 12-01-88 508-428-8506 BK BRUCE W. KELLY' 17 100.000 12-01-88 508-420-0434 RG RICHARD GALLO 19 100.000 12-01-88 508-428-7045 DLS DIANE L. SCIUTO 21 100.000 12-01-88 508-775-0418 AJW ANDREW 6 JOAN WIITER 30 100.000 12-01-88 508-420-0299 A&S A&S REALTY TRUST 31 100.000 12-01-88 508-428-8594 --;_,DS DONALD 6 JUDITH SOUTA 32�100:000-ti 12-01-85 ,508-428-8357r OT OAKRIDGE TRUST 33 100.000 12-01-88 508-428-8357 P&C JAMES PEACOCK & SCOTT CROSBY 34 100.000 12-01-88 000-000-0000 S&S SIIVIA 6 SILVIA ASSOCIATES 36 100.000 12-01-88 508-778-1018 CC CRAIG 6 DONNA CONDINHO 37 100.000 12-01-88 508-428-6049 A&B A&B REALTY TRUST 40 100.000 12-01-88 508-428-5674 HD MR. HORST DORNER DORA L 1 .000 12-01-88 508-428-1271 l .//A� ,c o R x, G� ,Z 7 �2 Y KI-cr-0A RWR RWR REALTY TRUST RWRALL,;00.000�12-0�8 ✓ 1, y zo - Cfia�-5 y of. Y� �, 9, /5 - / i ♦ F'i 3 S-, 3 , /� yZ