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Home My WebLink AboutD - 1984-007 TOWN OF BARNSTABLE r�, rE. ',a Zoning Board of Appeals ;t. JAN 3 i AMU 05 ......B.RENDP CONL.EE ...�MASON�............ ........................._.............. Deed duly recorded in the ...................................... _... Property Owner County Registry of Deeds in Book ......._........ ..... JOHNF. HOGAN, JR....................................................,......................................................_............................ Page ......................I ...............................-:.....................Registry Petitioner District of the Land Court Certificate No. ...................._.. ....................... Book _.................. Page ............... 1984-07 AppealNo. ....................................................................... .........,1.a.auax.Y.....3..Le........_.................. 1984 FACTS and DECISION JOHN F. HOGAN, JR. December 28, 84 Petitioner ...................................................................................................I.......I................. filed petition on .........................I-,......I.......... 19 requesting a Ulft61(-permit for premises at .......4.38-••S©uth••.•S•txeet••••••..........................._..._....... in the village (Street) Hyannis 'Of ....................................................................I............I............ adjoining premises of ................. (see attached list) Locus under consideration: Barnstable Assessor's Map nod.08......._......................................- lot no. ......MZ.280 Petition for Special Permit: Application for Variance : ❑ made under Sec. ................................................................ of the Town of Barnstable Zoningby-laws and See. ........................_............._............................................................................. Chapter 40A., Mass. Gen. Laws fopthe purpose of ...................................................................._........................................................................................-..............._.................................... ..........................................................................................................................................................................................................................._.............................................. Locus is presently zoned in.................RB1 1. Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot 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 1.:..0...........................A.M. P.M. ......Jan,uarX....i..9.,..................................,._ 1984 upon said petition under zoning by-laws. Present at the hearing were the following members: Richard L,. BOY.......................... .Luke....P.. Lall_y................._....... �a.1..1......N.1..9h.t.l.AB.d.l.s .................. ......._ . ..... -.. Chairman i At the conclusion of tLt hearing, the Board took said petition u..uer advisement. A view of the locus was made by the Board. Appeal No............1984-07.........I......_......,..1........ Page ...__2........ of ...,3_._....... Ott .............Janua1.ry_...26.a............................................._._........... ..... 19 ....84......, The Board of Appeals found Attorney Michael Ford represented the ptitioner who is seeking a Special Permit to allow a change of use from rental of rooms to professional offices at 438 South St. , Hyannis in a RB-I zoned district. John Hogan, Jr. , is the owner of a Beltone Hearing Aid Service presently located at 163 Main Street, Hyannis (east end) where he has been in business since 1977. The petitioner currently has the property under a Purchase and Sale Agreement with the owner, Brenda Conlee Mason. The locus consists of Lots 123, and 280 and is currently being used as a lodging house - located directly after the gas station heading east on South Street. The applicant will conduct hearing evaluations in the office. There are sales people who work for the applicant but do not work out of the office - they only come in for sales meetings or to .file their reports, during the regular 9 - 5 business office hours. Mr. Hogan holds a degree in speech pathology- semi medical type business. There are no plans at this time for expansion - the petitioner will remodel the interior of :the building and give it a general face lift - there is adequate off street parking available. Parking plans have been submitted for the Board to view - ten parking spaces - would need four per professional occupant - parking should be marked off to comply with the Town of Barnstable Parking Table - 200 square feet paved area.- Section S, b and d of the zoning_ by-law - with reference to five (5) feet of natural screening (green) along the west side of the property. , The petitioner tells the Board that he had planned on removing the existing shrubbery because he thought it was dead. There is some discussion as to whether the petitioner intends to operate professional offices within the entire building. The petitioner tells the Board that he does intend to create/onfifice an office out of the front portion of the building. If Here is any residential use, it would be for a one-person apartment - perhaps someone residing in the building, to maintain same - will eventually convert to all office space. Gail comments that in the future he may enlarge, but for the present time he is talking only about his own use - the Beltone office may at some time comprise the entire structure. Luke Lally mentions the parking and questions whether the petitioner does in fact comply with the parking - it appears that the petitioner needs. one more space - the parking plan can be re-drawn to show ten parking spaces. Also of interest is a turn around at the end of the lot - perhaps there should be a restriction in the decision that the petitioner must supply the ten parking spaces. The petitioner feels that there is adequate parking_ - safety should be of interest as there is poor visibility between the gas station and the traffic light. The petitioner would be willing to comply with the turn around and additional parkig. Mr. Naylor, one of 11 ...I-............................................................................................_-......................... Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this ....................... day of ................................... ................................ 19 ............... ....... under the pains and penalties of perjury, Distribution:— Property Owner Town Clerk Board of Appeals Applicant Town of Barnstable Persons interested Building Inspector PublicInformation Br .__.-.................-............................................._......_........ Board of Appeals Chairman At the conclusion(oi the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appeal No............t984-07 ._.........................................._....._., Page �........-......... of ....... On ...............Janua.CY..?6.................................._..................._......... 19 .......84...., The Board of Appeals found the abutters , tells the Board that he thinks before anything is granted to the petitioner, the Board should be aware of the fact that there have been numerous complaints and problems with the property , as it currently exists , presently a rooming house . Dr. Dunn , a next door neighbor also speaks about the parking - the Dr. is asked to come forward and view the proposed parking plan. A new parking plan will be submitted to the Board showing a cul-de-sac and the ten parking spaces . The Board voted unanimously to grant the petitioner a Special Permit for professional Rffhcestuoraited at 438 South Street , .Hyannis with the restriction that there be a 5 ft. , na gr eA screening along the west side of the property where it abutts the neighboring Shell Gas station , in compliance with , RB-1 zoning , (5) and also Section S (b) of the zoning by- laws, I. ................................1..7.v.1.:. ........., �.1 .Q. �,.................. „:Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above, entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this ........ ..L....... dap of ........,.. E.{ ............................................ 19 tly............... under the pains and penalties of perjury. 6a tJ � Distribution :— � PropertyOwner ............................................................_.......................... .................._.................. ... Town Clerk Board of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By ..._...:._ ...- __y .......:............,............ Board of Appeals Chairman