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HomeMy WebLinkAbout0045 BOND COURT ', ,I I I 4. it I } �{ �,1�, ��n c�- �� �c��l ��1c ___,...v _. -- - - � _ _ _ QUERY PROPERTY: QUERY END E QUERY PROPERTY PENTAMATION----------------------------------------------------------- 09/30/03 PARCEL ID 326 036 GEO ID 24002 LOT/BLOCK DBA PROPERTY ADDRESS OWNER SHORE 45 }BOND COURT JOSEPH J SHORE CARYLYN A HYANNIS 1418 COMMONWEALTH AVE W NEWTON MA 02165 PHONE DISTRICT HY DEVELOPMENT STATUS C ASSESSOR'S CODE CAPACITY(NOTES) ZONING DIST/ZOC BL-B SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 33105 . 6 OPER/MGR NAME' WET LANDS MULT ADDRESS USE 390 PROTECT DIST AP (N) EXT / (P) REVIOUS / NO (T) ES / ) PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E)XIT t L RUBIN AND RUDMAN LLP COUNSELLORS-AT LAW 50 ROWES WHARF BOSTON, MASSACHUSETTS 02 1 1 0-3319 TELEPHONE: (617)330-7000 TELECOPIER:(617)439-9556 April 22, 1996 Mr. Ralph Crossen Y Building Commissioner Town of Barnstable 3116 Main Street Hyannis, MA 02601 Re: Private Parking Lot applications of Joseph Jay Shore for Three (3) Lots Located in the Village of Hyannis, and further identified on Map No. 326 as Parcels 032, 036 and 037 Dear Mr. Crossen: On -March 28, 1996, Joseph Jay Shore and Caroline Shore submitted for your approval private parking lot applications for the three lots referenced above. You sought verification of Mr. and Mrs. Shore's authority to operate parking lots at these locations. The Shores provided certain relevant information for your review and, on April 16, you and I met to consider the available evidence and relevant laws. After that meeting you approved the Shore's applications, although you also asked for a written confirmation of certain factual matters and legal opinions. In response to your request for a written response, the Shores have asked me to review their use and ownership rights with respect to the above-refercnced . 1 ots and- to coml*ment in writing to you regarding the same. For purposes of this opinion, I have reviewed the chain of title, in part, as well as historic uses of the parcels, applicable zoning restrictions and case law. For ease of review, 'I will address each' lot separately and using those descriptions employed in the private parking lot applications. Lot #1 (Map #326, Parcel #037) Lot #1 has- been owned by Joseph and Caroline Shore, as tenants by the entirety, for .almost twenty-five (25) years. The Shores acquired this parcel from Murray A. Candib and 011ie A. Cohen by deed dated September 23, 1971. Messrs. Candib and Cohen r1 • e d RUBIN a,N RUDMA-N LLP Mr. Ralph Crossen April 22, 1996 - Page 2 had owned the lot since 1965. My clients have represented to me that they have used Lot 1 throughout the entire period of their, ownership as a parking lot without any significant change in manner or intensity of use. Mr. Shore, who is related to and worked with Mr. Candib at this site, represents to me that Lot 1 was used as a parking lot by Messrs., Candib and Cohen throughout the period of their ownership. My clients are prepared to provide sufficient evidence through affidavit of Mr. Shore that this parcel has been used as'. a parking lot for more than 30 years. Moreover, there is ample evidence that the parcels in this area have been used as parking lots for years considerably in advance of my client's ownership (e.g.• Testimony of Kenneth Bond in hearing before, Zoning Board of Appeals in Appeal No. 1972-58 re: use of Lot 3 as parking lot in 1950s) . It is my client's position that use of this parcel as a parking lot predates any zoning restriction -limiting such a use, and that the use of Lot leas a parking lot was a permitted use when such use commenced. The use has never been abandoned, nor has it been .subject to substantive change. Accordingly, the use of Lot 1 as a parking lot is a protected, pre-existing, non- conforming use and should be allowed to continue as such. M.G.L. c.40A, §6 (prior non-conforming uses protected) ; Powers v. ` Building Inspector of Barnstable, . 363., Mass. ` 648, 660-661 (1973) (continuation, albeit to a greater degree, of a° pre- existing non-conforming use is protected)-; Cape Resorts Hotels Inc. v. Alcoholic Licensing Board of Falmouth, 385 Mass. 205 t (1982) (same proposition) ; Building Commissioner of Medford v. McGrath, 312 Mass. 461, 462 (". . . nonconforming use of the same premises may not only continued but also may -increase in volume. ") 4 r� Lot. #2 -(May #326, Parcel- #036) v c _ Lots 1 and 2 were-"conveyed to, the Shores by Messrs. Candib and Cohen under the same deed dated September 23, 1971. Likewise, these lots were acquired simultaneously by the Shore's predecessors-in-interest, Messrs. Candib and Cohen, by deed dated 'May.27; 1965:, Unlike -Lot #1,` Lot 2 is the subject of (and benefitted by) a -special permit for use;,as a parking.,lot. . , The - special permit dated Jul 31 1969 rovides onl - xpress. - � .�: Y P Y; one��.e - 4 " . limitation to the =use_ of this parcel ' as a. parking lot. The last ` RUBIN AND RUDMAN LLP Mr. Ralph Crossen April 22, 1996 Page 3 paragraph of the decision contains the Board of Appeals vote, stating " [t]he Board unanimously voted to grant a Special Permit subject to the approval of entrances and exists by the Board of Selectmen. " No other restrictions were imposed by or referenced in the vote or listed under the decision heading "Restrictions Imposed", and accordingly, no other restrictions should be imposed on the ` se of this property by virtue of the .special permit. Moreover, my client represents that there has been .no substantive change in the manner or intensity of the use since the commencement of operation. Lot #3 (Map #326, Parcel #032) fq Finally, we address Lot 3 . Lot 3 is presently held 'in trust by the Colony Trust of which Caroline Shore is the trustee. The Shores have operated the parking lot at Lot 3 since 1977. Prior to 1977, the lot was owned and operated by Kenneth Bond and/or his successors and assigns. Mr. Bond had operated the site as a parking lot since 1955. At some point in the 1950s or 1960s Mr. Bond stopped charging a fee to park at this site. Subsequently, after deciding to once again charge for parking he applied for and received a :,�ariance to operate a parking lot for a fee at this site. The variance was granted on August 23, 1972 . The Board of Appeals vote did not limit the number of cars which could be parked at this lot. Again, my client represents to me that there has been no substantive change in the manner or intensity of the use since the commencement of operation.- Conclusion For the foregoing reasons, I urge you to approve the continuing use of the subject lots as more fully described in the applications referenced above.' ' As an aside, and recognizing that engineering determinations are not necessarily dispositive of zoning issues, I note that since at least 1984, the Shores have held town engineering department approvals of their parking lot configurations, uses and intensities. 191827 1 RUBIN AND RUDMAN LLP Mr. Ralph Crossen April 22, 1996 Page 4 Should you have any questions or comments, please give me a call. Sincerely Yours, MPhael R. Crossen MKC/js cc: Joseph and Caroline Shore 191827 1' SENT. BY:ROBIN & RUDMAN 4-24-96 ;12:17PM RUBIN & RUDMAN4 1 508 790 5230;# 5 'TOWN OF BARNsTABLE Board of Appeals Petitioner Appeal No. LM4a 3S .......,..., Julx .2 is 69 1PACT8 and D110MION Petitioner .._.max.,!► r... .,d-1 h,,,,,,�,,�,,,�...�. Bled petition on Juno, Lis 69 requesting k-gasia&wpermlt for premises at Street, in the village Gladys Bond, Horatio L.& Dorothy a. Bond of - Lanni adjoining premises ai 11 an Russell C. & Katina K. Atealis, Abe lass, Kenneth C. Bond, Town of Aa ton a+awl n for the purpose of arkin Locus is presently sound in Notice of this hearing was given by snail, postage prepaid, to ail= persons deemed affected and by publishing in Cape Cod Standard Times, a daily newspaper published in Town of Barnstable a copy of which is attached to the record of these proesedinga filed with Town Clerg• A public hearing by the Board of .Appeals of the Towu of Barnstable was held at the Town Office Building, Hyannis, Slags., at :0n „„,_�. p,M, 1969 , upon said petition under zoning by-laws. Present at'the4hearing were the following members; agbert; Is O'Neil Jean lBear®e William Shaw r SENTJY:ROBIN & RUDMAN ; 4-24-96 ;12:17PM RUBIN & RUDMAN-► 1 506 790 52304 6 At the conclusion of the hearing, the Board took said petition under advisement. A view of the loans was had by the Board. on 18 the Board of 1ppeals found Mr. Joseph Shore represented .the Petitioner Murray A. Candibe Mr. Shore stated that they were seeking a Special Permit to use premises on Bond Court and Bay Street as a parking area. He stated that the Petitioner had been granted permission and was now operating a parking lot adjacent to the proposed park- ing location and that the new premises would be used in con- junction with the present parking area. He stated that th re would be;.sufficient area for the parking of 94 cars. Xr. 1hore was informed that the Selectmen would have to approve the ' entrances and exits before a license would be issued by,,.them. It was the opinion of the Board that the use of •this parcel + for public parking purposes would not be detrimental to the surrounding area. Permission for the use of land for public parking has been granted to others and there is an urgent need for additional, parking in this section. The Board unanimously voted to grant a Special Permit subject to the approval of entrances and exits by the Board of Selectmen. ATRUE COPY ATTEST Restrictions imposed Town Crest BARNSTASLF bistribution:— Board of Appeals Town Clerk Applicant Iowa of Barnstable Persons interested Building inspector Public bdormation '. B Board of Appeals Chairman Robert E. O'Neil ' .SENT• BY:RUDIN & RUDMAN ; 4-24-96 ;12:15PM RUBIN & RUDMAN4 1 508. 790 62304 2 2J TOWN Op BARNSTABLE 130"i of Appesdo 1Tff 0. liO�iD Petitioner appeal1;0. 1972 1'AM and DI;O 0jr r' Petitioner filed petition on 19 ?29 requesting a .permit for premises at . Street, in the village of adjoining premises OL R"an Catholic Mshop of Fell River, Nelsan Nand Swwong !va c %ttonaourV, Herold J. and Irene F. whoa, do .H. and Mildred M. 1`lada®19 Paul B. and t.ath4rine N. tivr+,Qnt Lui Gsorry L. attd Lillian A. Croos,,p®tcfl A. Sarino, W1111ae tf. and Vivian fit.dH'owalI Q. Churchill, Federated Church of NYsnnisy is �,nNancy d Anna w•li�hure�, Iioratiiooft, George �Lana Nellie Dcr�othq 0. Aond, A►+e 1�e8, l'rustev,' dosaph �dsy and car . and No++lborn© Properties, Xnc,, Russell C. Atsg2i$ and Allan� Iir'ohber�'F Nickaraan and Lois �:a0it,len, Totem Of Itarnstahlsi �eanicv Woodkard�D�d�Florence Z. Tborrpaon* Ainnie Sickles, I��tinces G. Donovan and listen ti. thvr M. Dean,, Nantucket posts xreo. Btatiansi Loula E. and Horsey, W11frOd F. and %rbara L. d ellsgarmt T. hwrtha, i�s+linS k. and i+�esnaor C. �w r.. r��•rr� `•✓ w. rr +r �r�wW ..+ war � ' Office Building, Ryannis, Mass" at . 33QQ upon said petition under $oning bylaws. Present at the hearing were the following membera. Chairman - t SENT. BY:RUBIN & RUDMAN 4-24-96 ;12:15PM RUBIN & RUDMAN-► 1 506 790 62304 3 TOWN OF BARNSTABLE Board of Appeals for the purpose of 9 Ato Loans is presently zoned iu Notice of this bearing was Wlvep by mail, postage prepaid, to all persons deemed affected and by Publishing !A Cape Cod M, a daily newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town, Clerk. A Public hearing by the Bonrd'of Appeals of the Town, of Barnstable was bold at the Town Office Building, Hyaanle, Mass., at MZXKp,M Jdly,1�' : . 19 72 upon, said petition under zoning by-laws. : Present at the hearing were the following members. J000h Cbairm4n ' AMU" ►tom t$ENT. BY:RUBIN & RUDMAN 4-24-96 ;12:16PM RUBIN & RUDMAN-► 1 508 790 6230;# 4 � . At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was had by the Board. r. On $3 19 X,,, the Board- of Appeals found , lac. Hoed rued h10HU at the aeazings clad sUtea that be hea op. erated U8 ParWM iS einos U55o at *ivh time be-ohargad a parking fee,mat *= Ulm vu a ahangi '$D is $801,ng Mode' Jt accwduoe with an Of"4 ant Witt the But Coo MWo for soap time he aid not *barge for parking. Ede teoad MW Min to ones again fterge a fei'xor pa tingt on his PrOVAJ ee iooated ft IkW Btresb' alibi is A' = area, and is seeking a 'ariam =der Section P IS at the 3araet0j* $=A ng B tr. The Board f+ rA that W&r O *Um PS 160 .pat raph IS of bhe $alit $�* un t in a Bold_►_n a Ltd$od District, W. %0d is.enutl" tQ Sr s"aisx, frait for this us. ZAF•aoard _aoimottalY voted to gt=t this 0eo3atl ftMdt: porors"" lilr, food omWU*s situ the two of A aottee ms roalved frog the aeleotaaetns' rsa 1- 11 W ding that the ]Wt be graded ad smoothed *M bees 0WyjP that the ps>lidng spaces be $deed and offilatainsd, that traffb floe arms be provided, and. t3tat care be taksa trot to remove trees wiftu tote cad 00UW ft%1 and 19�oat. 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