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Home My WebLink About0347 WEST MAIN STREET - Health -347 West Main Street ---- - — Hyannis A= 269-097 i 4 r . TOWN OF BARNSTAtsLE bLE. Zoning Board of Appeals - dU%_C.o 1_1._�. .t7..... .... _I?.o.n.1..eX...._.__.._....._................................ Deed duly recorded in the __._:......._:.._ _... 2.6 .3U Property Owner County Reiistry of Deeds in Book _.................._...... Coleen M. Donley Tr.us. e .....Q a s.........Y,.a.a..n.....Re.a.L.t.y...Tr us t"age .............._....... ..._....................I.._._....__--.._.-...Rc-istr-,- Petitioner District of the Land Court Certificate No. ......._.............. -•--................. Book ............:........ Page ......_......... AppealNa ..1..9.8.Z-.b_4....... ................_.._......... ................................................._............_.:........ 19. FACTS and DECISION Petitioner ..._.Cc>.1..1.Ae.n._..A�i.,._...Da.n.1. .y._............_...................._....... filed petition on ........._J.u.1..y.....2.8..,.:.. 19 87 requesting a variance-permit for premises ......................... •••, in the village (Street) ,of Hy„ann i s•,;. adjoining premises of .W _ (see attached list) Locus under consideration: Barnstable Assessor's Map no. ._..2.6-9_.............................. lot no. ..... .... Petition for Special Permit: X] i Application for Variance: ❑ made under See. .KM.. G.B..............._...._.............. .of the Town of Barnstable Zoning by-laws and Sec. ..........__._........._...............................................................:...................... C'bapter 40A., 1llass. (ten. Laws for the purpose of _i nc r,e.a.s i.ng......t.h. ......5 i �.�.....A.l......an.....a.mLs..t.d.m.$.....nan.-Ln:n£.n.zm.i.n.$... .......... bu i l d i n . and to extend the non-. .p. •�,�, i.ng,•,.,us.e......t.n.....a _r.e.t e_.__---------------- Locus is presently zoned in..._..H.izhwa_y.....Bu.s.i.n.e.s.s_._.............. Notice of this liearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barns table P a t r i o tnewspaper 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 «tts field at. the Town Office Building, Hyannis, Mass., at. ...... 8_.3.�_. _ P.M. _ ._A.u.g.us.# ...1.3......_.__._._.._.._._.__._ 1%7 (- � upon said petition under zoning by-111Ws. . Present. at the hearing were the fol!o-,vin- members: Ron S Jansson Gail Nightingale_ _ Dexter Bliss F _ ..._.._ __. .__. __....._.... .............. ......_.. _.._.... ._ _...... Chairman G t James McGrath Helen Wi-rtan n- - - - -- ---- --- - At the conclusion of the ht...-ing, the Board took said petition unc,_. advisement. A -view.�f. tur, locus was made by the Board. Appeal No. 1 9 8 7-6 9 Page 2 of 5 On 19 , The Board of Appeals found APPEAL-IdO; 1987- 69 On August 13, 1987, the Board of Appeals found as follows: FACTS: The Petitioner was represented by Theodore Schilling, Esquire, and requested a special permit increasing the size of an existing non-conforming building and to extend the non-conforming use currently in on the premises to a retail use. Locus is located at 347 West main Street, Map 269 Lot 97 and currently contains an existing Texaco gasoline station. Locus is in a Highway Business Zoning District. The Petitioner presented evidence that the gasoline station has existed since 1965 , and was last operated as such during the fall of 1986. At the time of construction of the gasoline station, the locus was zoned business. The Petitioner indicated that in 1982 the Zoning was changed for this area to a Highway Business District, which would require a 60-foot front yard set back,. The gasoline station is non-conforming in that at the time it was built, it was set back approximately 48 feet from West Main Street. The Petitioners' plans indicated that the lot contains approximately 26 , 988 square feet. The Petitioner seeks a special permit to enlarge and alter the pre-existing non- conforming building, and to add to the existing .building a 2 , 340 square foot addition as is shown in plans submitted by the Petitioner. Evidence was submitted to indicate that the westerly 50 feet of the property was the subject of a drainage easement which apparently is now running in favor of the Town of Barnstable. I, Clerk of the Torn 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 r__ 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 At the conclusion of the h :ng, the Board took said petition unt advisement. A view of the lochs was made by the Board. Appeal No-- 1 9 8 7-6 9 Page 3 of 5 On 19 The Board of Appeals found A portion of the premises consists of access to Ben' s Pond Road and appears to be the only access available to .certain residents living in that area to their dwellings. The Petitioner proposes to eliminate several curb cuts and only has two curb cuts proposed pursuant to the plans submitted. The Petitioner proposes that all such curb cuts with the exception of the two shown on the plans will be eliminated. The proposed building will be of brick construction. The Petitioner indicated that there will only be one tenant on the property operating on .a year-round basis and that the hours of operations would be from 9:00 AM to 6: 00 PM. The Petitioner has further indicated that the existing underground fuel tanks have been removed. . Abutting owners appeared in opposition to the..petition expressing their concerns that the drainage conditions in the area were already bad and that the construction of the addition would exaccerbate these conditions. Photographs were reviewed by the Board showing that a portion of the abutting properties is frequently the subject of flooding .as the property now stands. Furthermore, individuals raised their concerns about their ability to access the right of way to get to their property. DECISION: Dexter Bliss made the following findings: That the proposed change in use from a gasoline station to a retail gift/toy shop as is proposed by the Petitioner occupied by one tenant, would not result in. the creation of a use or any structure more objectionable or substantially detrimental to the neighborhood or the creation of two 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 dad- 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 Public Information By 'T� ttr . At the conclusion of the he—ing, the Board took said petition und^- advisement. A view of <4he locus was made by the Board. Appeal No 1 9 8 7-6 9 Page 4 of 5 On '19 , The Board of Appeals found or more non-conforming uses; That the current building, based upon its construction prior to its latest zoning change, is now non-conforming, as a . result of its inability to comply" with the set back requirements of the Zoning By-law; That the construction of the building as proposed would not result in an exacerbation of any of the existing difficulties that the abutters complained of. Based upon these findings, member Dexter Bliss made a motion to grant the relief requested by the Petitioner along with the following conditions imposed: A. That the curb cuts as set forth for elimination in the plan submitted to this Board be eliminated pursuant. to said plan; B. That all construction take place and be done in accordance with the plan submitted to the Board, along with the construction of appropriately spaced "false windows" to be used for aesthetic purposes on the east and west elevations, facing the residential areas; C. That the Petitioner obtain the approval from the Department of Public Works for a sewer hook up, and . comply with recommendations made by- the Department of Public Works to minimize the existing drainage problem in the area; . D. That the proposed structure house only one tenant; _ E. That the Petitioner comply. with all of the provisions of Section S pertaining to parking on the site; F. That the parking lot be �so constructed and so maintained so as to preclude any obstructions on Ben' s Pond Road, assuring residents and emergency vehicles access at all times. Clark 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 dar 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 Public Information By -ing, the Board took said petition un(' At the conclusion of the h* __advisement. A view of the locna;was,made by the Board. a � Appeal No 1 9 8 7-6 9 Page 5 of 5 On 19 —, ,The Board of Appeals found G. That the Petitioner not do anything, with the new construction to aggravate or exacerbate the existing drainage problem affecting the abutting properties. The motion was seconded by Associate Member James. McGrath. Dexter Bliss, James McGrath, Helen Wirtanen, Gail Nightingale, and Ron Jansson, unanimously voted in support of the petition and the conditions imposed. 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 �7 u _ dar of SEPT:.. der the pains and penalties of perjury. Distribution:— Property Owner _ Town Clerk Board of Appeals Applicant Town of Barnstable Persons interested Building Inspector. Public Information By