HomeMy WebLinkAbout0027 PLEASANT STREET --- =--
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Town of Barnstable
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Regulatory Services
f OF 1p�
do Richard V.Scali Director
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1 , ,STAB Building Division
MASS. 0' Tom Perry,Building Commissioner
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°Teo nnat°' 200 Main Street,Hyannis,MA 02601
www.town.ba rnsta ble.ma.us
Office: 508-862-4038 Fax: 50 -79 230
Approved:
Fee:
Permit#: 7— /6, --/6
t HOME OCCUPATION.REGISTRATION
Date:
Name: —74m-es �. LI'� ��t1 Phone#• 3 1 7—( �J
Address Ill St / Village: IL /,`it//•S
.Name of Business:
��G&ayt6.90 ,;c L ,
Type of Business: Ma ot:
IlNTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation
within single family dwellings,subject to the provisions of Section 4.1.4 of the Zoning ordinance,provided that the activity
shall not be discernible from outside the dwelling. there shall be no increase in noise or odor,no visual alteration to the
premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;
and no increase in air or groundwater pollution.
After registration with the Building Inspector,a customary home occupation shall be permitted as of right'subject to the
following conditions: :,
• The activity is carried on by the permanent resident of a single family residential dwelling unit,located within
that dwelling unit.
• Such use occupies no more than 400 square feet of space.
0 There are no external alterations to the dwelling which are not customary in residential buildings,and there is
no outside evidence of such use.
• No traffic will be generated in excess of normal residential volumes. .
i
The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter,
odors,electrical disturbance,heat,glare,humidity or other objectionable effects.
• There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of
normal household quantities.
• Any need for parking generated by such use shall be met on the same lot containing the Customary Home
Occupation,and not within the required front yard.
• There is no exterior storage or display of materials or equipment.
• There are no commercial vehicles related to the Customary Home'Occupation,other than one van br one
pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to
exceed 4 tires,parked on the same lot containing the Customary Home Occupation.
• No sign shall be displayed indicating the Customary Home Occupation. _
• If the Customary Home Occupation is listed or advertised as a business,the street address shall not be
included.
• No person shall be employed in the Customary Home Occupation who is not a permanent resident of the
dwelling unit.
I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering.I C-o
Applicant Date:
Homeoc.doc Rev.103113
YOU WISH TO OPEN A BUSINESS?
For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you
must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis.
Take the completed form to the Town Clerk's.Office, 1 st FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the.Business Certificate that is
required by law.
. DATE: D I q 1�O Fill in please:
APPLICANT'S YOUR NAME/S: _
BUSINESS YOUR HOME ADDRESS 127 % tl-d 5 �t
5ok-3J7-��lS� s)l sS. o Of
TELEPHONE # Home Telephone umber c�-0 -72 g-_77 C�
NAME OF CORPORATION: '
NAME OF NEW BUSINESS 2'=i(/ iv TYPE OF BUSINESS / c{ n,rr;�r+l�GL� �IZ2/6 /,opt/'
Is THIS A HOME OCCUPATION? YES No 7 2 .
ADDRESS OF BUSINESS r07 11114f5, MAP/PARCEL NUMBER - (Assessing)
When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. — (corner of Yarmouth
Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town.
1. BUILDING CO ISSID R'S OFF E
This BUILDING
I e i e an ern
i r q 'reme is that pert in to this type of business. MUST COMPLY WITH HOME OCCUPATION
RULES AND REGULATIONS. FAILURE TO
Au�h rized u * COMPLY MAY RESULT IN FINES.
OM NTS. -
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2. BOARD F LTH
This individual hajZbepn inf=mofe per it requirements that pertain to this type of business.
MUSS CONfP�YlN�TH ALL,
Authorize ignature** �IgZpRppU$11AAtERIALS REGI�I.ATIJS
COMMENTS: I,
F3. CONSUMER AFFAIPuthorized-gignature'
ENSIN�the
This individual h informjng requirements that pertain to this type of business.
COMMENTS:
PROPERTY ADDRESS
ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CLASS I PCS I NBHD PARrF1 inFNTIFICATION NUMBERKEY NO.
0027 PLEA ANT TREE 7 -
LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T
Size Dimension Y UNIT ADJ'D. UNIT ACRES/UNITS VALUE Description YUSKAITIS. MARK f MAP
-
Land BY/Date CD: FF-De th/Acres LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE #LAN 0 1 2311111`4 D D CARDS IN ACCOUNT -
L 10 1BLDG.SIT 1 74X .30 =10C 217 50 7.1999.9 78119.9 .30 23400 . #BLDG(S)-CARD-1 1 660400 01 OF 01
A #OTHER FEATURE 1 300 COST Mau
N BATHS 2 .0 U X 8= 100 8800.0 8800. 0 1 .00 8300 3 #PL 27 PLEASANT ST MARKET 101000
p - 1/4 SSMT S X B= 100 5.9C . 7.43 441 3300-8 #RR 1283 0074 INCOME
A SHED S 11 X 14 190C C= 20 9.9c 1.98 154 . 300 F USE
APPRAISED VALUE
p. A 904F100
q U PARCEL SUMMARY
'T S LAND 23400
A T BLDGS 66400
M 0-IMPS 300
TOTAL 90100
F' E N CNST
E N i DEED REFERENCE Type DATE Recorded PRIOR Y E A R V A L U E
,,A T Book Page Inst. MO. Yr.D. Sales Price AND 23400
`T S 5064/2641 1105/86 90000 BLDGS 6670C
U
2473/13d :00/00 TOTAL 90100
� � 1 1
.R I I
E 1 BUILDING PERMIT *LAND A O J U S T.F O R
`5 Number Date Type Amount L 0 C/USE. *B L D G.
LAND LAND-ADJ INCOME SE SP-SLDS FEATURES SLD-ADJS UNITS I . ADJ FOR LOCATION
23400 30 5500
Class Const. Total Base Rate Adj.Rate sY�ear Built Age
Norm. Obsv. CND. Loc. %R.G. Rapt.Cost New Ad.Re I.Value Stories Hei ht Rooms Rma Baths a fix. P all Fac.
Units Units I A .t �fg Dept.
Contl. P I P j 9 Yw
018- 000 105 105 68.60 72.03 00 65 29 66 100 66 100566 , 664OU 1 .4 2.0 7.0
Description Rate Square Feet Repl.Cost MKT. INDEX: 1-0 D IMP. BY/DATE: / SCALE: 1 /0 0.4 2 ELEMENTS CODE CONSTRUCTION DETAIL
S. BAS 100 72.03 441 31765 GROSS AREA 1674 SINGLE FAMILY DWELLING CNST GP: 00
'T FFB 650 65.00 36 2340 *--14-* STYLE 04CAPE COD 0.
R . FSF 90 64.83 756 49011 ! ! 5ESIGN_ A6JM_T _ ES_ 010IGN -A
ADJUST_____5._
___ _
U
FOP 35 25.21 96 2420 ! ! EXTER.WALLS 10CLPBDISHINGLE 0.
C 814 30 21.61 441 9530 ! ! EAT/AC TYPE 22 GAS-STEA_MR_AD___ 0.
T 34 NTER.fINISH OS CASTER ____ 0.
U 42 ! INTER.LAYOUT
-- 12AVER./NORMAL 0.
IN--TER.-a-U-ALT 02SAME -A-S---E-X-T-E-R------0-.--
A . ! . ! _LOOR_ STRUCT- 02WD JOIST/BEAM___ 0,.0
p W ! *-14-* E _LOOR_ COVE_R _10CARPET 8 PINE___ 0.0
E Total Areas Aux = 96 Base = 1197 ! FSF ! 5Of TYPE 01_ G_A_B_L__E_-_A_S_P__H__S_H____ 0_.__
BUILDING DIMENSIONS *�*�-�21--�* 16 L E C T R I C A L D D D.D
' A SAS W21 : N21 FFB W04 S09 E04 N09 9 9 8 ! f0UN0ATI0N__ _ _05STONE- WALLS _-__ 99. _
I a. FSF . N42 .E14 S34 E14 S16 W07 FFB1 BASE *-*
---- ----
' FOP S16 E06 N16 W06 . . FSF N0$ ! NEIGHBORHOOD 67A8 HYANNIS-----
L W21 . . SAS E21 • S21 . . ! 16! LAND TOTAL MARKET
*---21---X ! . PARCEL 23400 90100
\tt, FOP AREA 48683
VARIANCE +0 +85
CT A `,1n A 0t\ 7
5 r RESIDENTIAL PROPERTY
MAP NO. t LOT NO. FIRE DISTRICT SUMMARY
-- STREET 27 Pleasant, St. Hyannis
327 121� - H �� uDcs. a o v
OWNER - '�/ c: a-.�.., !79 L l -t.-1.. TOTAL a 6 f o
LAND
RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS:
� BLDGS.
- '- TOTAL
1n1
2 -. . . -1 8 1. LAND
Furman: "Jack J. 2-28- 2473 130 26 BLDGS.
Fo It'IvIER.. VIEW �a �FrFPEr'LVi+ t� l)�,� ox&l — TOTAL
LAND
BLDGS.
TOTAL
LAND
BLDGS.
TOTAL
LAND
BLDGS.
TOTAL
LAND
BLDGS.
Of
TOTAL
LAND
INTERIOR INSPECTED: BLDGS.
TOTAL
DATE: 3. �l 702 / � -/�.Gf// � t��_,'^ LAND
ACREAGE COMPUTATIONS BLDGS.
LANE) TYPE �7 # OF ACRES PRICE TOTAL DEP . VALUE ^ TOTAL
HOUSE LOT 5' LAND
_CLEARED FRONT BLDGS.
_ REAR TOTAL
WOODS&SPROUT FRONT LAND
REAR BLDGS.
WASTE FRONT TOTAL
REAR LAND
BLDGS.
O1
TOTAL
LAND
✓� O O O 'e-- _ /O O ' BLDGS.
LOT COMPUTATIONS LAND FACTORS TOTAL
FRONT DEPTH STREET.PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND
ROUGH TOWN WATER BLDGS.
HIGH GRAVEL RD. TOTAL
LOW DIRT RD. LAND
SWAMPY NO RD. 01 BLDGS.
TOTAL
TOWN OF BARNSTABLE. MASS. UNITED APPRAISAL-CO FAST HARTFORD.CONN.
Conc.HI .walls bsmt..hec.hoom • PORCH. DATE uwer a (e/y Bsmt. 3
---
Conc. Slab Bsmt.Garage St. Shower Ext. Walls /y
PORCH. PRICE. .�.
1
Brick Walls Attic Ff. &Stairs Toilet Room Roof RENT
L Stone Wells Fin.Attic Two Fixt. Bath Floors /3 (�
Piers INTERIOR FINISH Lavatory Extra
Bsmt. F 11 2 3 Sink / 3y
Plaster Water Clo. Extra Attic a 9s r
EXTERIOR WALLS Knotty Pine Water Only ya
Double Siding Plywood No Plumbing Bsmt.Fin.
Single Siding Plasterboard Int.Fin. 7j L
--, ingles 3 -- TILING
Conc. Blk. G F P Bath Ff. Heat )< (e 3 �/ ✓6
Face Brk.On Int.Layout Bath Ff.&Wains. Auto Ht.Unit
Veneer Int.Cond. Bath Ff. &Walls
Fireplace 9
Com. Brk.On HEATING Toilet Rm.Ff. Plumbing }— /p J U
Solid Com.Brk. Hot Air Toilet Rm.Ff.8&Wains. /� S
's —----- --- Tiling
Steam Toilet Rm.Ff.&Walls 3 Z D
Blanket Ins. Hot Water St. Shower
Roof Ins. Air Cond. Tub Area Total
..,i.. — Floor Furn.
ROOFING COMPUTATIONS '
Asph.Shingle _Z Pipeless Furn. S.F.
ra. Wood Shingle No Heat 3 S.F. 0 S
Asbs.Shingle Oil Burner S.F. U 0
Slate Coal Stoker —; S.F. S 7o F6,
Tile Gas �' S.F. OUTBUILDINGS
ROOF TYPE Electric
S.F. 1 2 3 4 5 6 7 S 9 10 1 2 3 4 5 6 71 81 9 1 10 MEASURE
Gable Flat
Hip Mansard FIREPLACES S.F. Pier Found. Floor k
Gambrel Fireplace Stack Wall Found. 0.H. Door LISTED
FLOORS Fireplace Sills.Sdg. Roll Roofing
Conc. LIGHTING Dble.Sdg. Shingle Roof
Earth No Elect. DATE
Shingle Walls Plumbing
Pine
Hardwood ROOMS Cement Blk. Electric
Asph.Tile Bsmt. 1st TOTAL j
3rd Brick Int.Finish PRICED
Single 2nd FACTOR
REPLACEMENT "
k
OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL.
DWLG. .. )) S-J a- i:� `��F G S.5 '3 o I.1 U I•S .3 GCS
S-3 3
2
4
1 5
6
7_.
I _
B
li. 9
10
TOTAL "
F�.
oF� Town of Barnstable
awxtvsrnai.E Regulatory Services
Thomas F.Geller,Director
�ArfO MA'S a '
Building Division
Ralph Crossen,Building Commissioner
367 Main Street, Hyannis,MA 02601
Office: 508-862-4038 Fax: 508-790-6230
July 17, 2000
Mrs. James Lagergren
27 Pleasant Street
Hyannis,MA 02601
Re: 27 Pleasant Street,Hyannis, 327 124
Dear Mrs. Lagergren:
You are hereby ordered to cease and desist the use of your property as a commercial
parking lot as.I verbally told you today.
As you informed me,you are in the process of trying to get permits. This is fine;
however, in the meantime, all commercial parking must cease.
Sincerely,
f
Ralph M. Crossen
Building Commissioner
RMC/lb
g000717a
¢ _ `MAPLOT 'NfLLG, ;APPEALNO' " ADD
1994-047 Yuskaitis Variance 327 124 Hyannis RB-1 Pleasant St 27
1992-035 Yuskaitis Modify Special Permit 327 124 Hyannis RB-1 Pleasant St 27
1992-036 Yuskaitis Special Permit 327 124 Hyannis RB-1 Pleasant St 27
1979-034 Roberts,Jr/Sattler,Jr Special Permit 327 124 Hyannis RB-1 Pleasant St 27
1997-123 Yuskaitis Mod Variance Cond 327 124 Hyannis RB-1 Pleasant St 27
1973-014 Selberg Variance 327 124 Hyannis RB Pleasant Street
s
BARNSTABLA
KAMMIL
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal No.1997-123 Yuskaitis
Modification of Condition#6 of Use Variance 1994-47
Summary Granted with Conditions
Applicant:.......................................Mark&Kelly Yuskaitis
Property Address..........................27 Pleasant Street,Hyannis, MA
Assessor's Map/Parcel.................327 124 ......................Area.............. .30 acre
Zoning:...........................................R13-1 Residential B-1 Zoning District
Groundwater Overlay....................AP-Aquifer Protection Overlay District
Background:
The subject of this appeal is a modification of Condition No. 6 imposed by the Board on Use Variance
Appeal Number 1994-47. The use Variance was issued to Mark&Kelly Yuskaitis in October of 1994 for a
21 car commercial parking lot. Condition No. 6 limited the Use Variance to three(3)years. That condition
reads as follows:
"6. Issuance of Variance shall expire within three years of the date thereof and shall not be
transferable by the owner unless approved by this Board or unless extended by this Board by
hearing."
The parking lot is located on a 0.30 acre lot also developed with a 1,674 sq.ft. single family dwelling
fronting on Pleasant Street.
The structure was built in the 1800's and is located in the Pleasant Street National Historic District and is
listed as a contributing structure to the district. The locus is also within.the newly created local historic
area-the Hyannis Main Street Waterfront Historic District.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
September 29, 1997. 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 November 19,
1997, at which time the Board granted an extension to October 05, 1999,with conditions.
Hearing Summary:
Board Members hearing this appeal were Ron Jansson, Gail Nightingale, Gene Burman, Elizabeth
Nilsson, and Chairman Emmett Glynn. Mark&Kelly Yuskaitis represented themselves before the Board.
Mr. Yuskaitis gave a brief history of this property. He explained that he had previously been given a
permit by the Selectman in the Town to operate a parking lot. The Town later told him that this use was
not allowed under the Zoning Ordinance. He appealed to the Zoning Board and he was then granted a
Use Variance in 1994. That Variance had a condition that it expire in three years unless approved by the
Board. It is this condition that the applicant is seeking to modify. The lot in issue at one time was used as
a law office and now is used as a single family residence which the applicant rents. There is also a
seasonal parking lot that they run on this lot.
The applicant explained that he wishes to refinance the house. He is now paying a commercial rate for
financing the property but wants a residential rate. The bank will not grant him the money at the lower
r
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal No.1997-123 - Yuskaitis
Modification of Condition of Use Variance 199447
rate to"rehab"the property because of Condition#6 in the Variance. Mr. Yuskaitis said that he can get a
"non owner occupied rate"which is less than a commercial rate even though there is a commercial
parking lot only if that condition is removed or at best lengthened.
Regarding Variance 1994-47, Mr.Yuskaitis stated they complied with all the conditions of the Variance as
granted. Board Member Gail Nightingale asked the applicant if he"could live"with the modification of
Condition#6 for another three years. Mr.Yuskaitis stated he would like the condition lifted completely or
extend for at least 10- 15 years.
Board was concerned over the extension of the use variance and explained that the Board must do what
is best for the entire town. The Comprehensive Plan for the Town was recently adopted by Town Council
and it states the policy of the Town is to discourage commercial parking lots in this area.
The Board asked if the Petitioner would be satisfied if the Board granted them an extension for an
additional year. Mr.Yuskaitis replied that he has tried for three years to sell the property and that a one
year extension would not permit him the type of refinancing he wants.
In this district, the property could be offered for sale as a residential use. Also, this district allows a
conditional use, by Special Permit,for office use which is something the Petitioner could seek for the
property.
Public Comments: No one spoke in favor or in opposition to this appeal.
The Board suggested that perhaps some relief could be given but not carte blanch. The Board stressed
that there are other uses that can be made of this property-such as an office with a Special Permit-and
the applicant has not explored all his options. The Board asked Mr.Yuskaitis if two or three years would
help and he replied that any relief from the Board would be a substantial help.
Findings of Fact:
At the Hearing of November 19, 1997, the Board found the following findings of fact as related to Appeal
No. 1997-123:
1. The property in issue is located at 27 Pleasant Street, Hyannis, MA in a RB-1 Residential B-1 Zoning
District. This is approximately .30 acres of land and is also in the Aquifer Protection Overlay District.
2. The property has the benefit of a Use Variance which was granted 1994 as Appeal Number 1997-47,
allowing the Petitioner to use a portion of the property for commercial parking spaces not to exceed
21 spaces. Three of the parking spaces must be clearly designated to the single family residence and
marked,"Family residents use only." Therefore, no more than 18 spaces may be rented for
commercial parking.
3. Part of the condition of the granting of the relief,the Board imposed a three year limitation on the Use
Variance. That was premised upon the fact that Mr. Yuskaitis had requested this additional time for
the purposes of marketing the property.
4. This Board also considered that in that point in time, there was in fact no adoption of the Local
Comprehensive Plan that had been promulgated.
5. The Local Comprehensive Plan for the Town of Barnstable has set forth a desire and goal that it
expects its Planning Department,Agencies and Boards to apply and in particular in this RB
Residential B Zoning District-1 that there not be any privately owned public parking facilities.
6. The adoption of the Local Comprehensive Plan was done within the past month and accordingly this
is a condition that the Board is obliged to observe.
7. In arbitrarily imposing this deadline of three years, it would work a hardship to the Petitioners because
they have not found a buyer for their property or a reasonable amount of money to help them out of
their current mortgage situation.
8. If the Board were to modify this condition through an extension, given the hardship factors alone_ , it
would not be in derogation of the spirit nor the intent of the Zoning Board of Appeals to help the
residents of the Town.
2
e j
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal No. 1997-123 - Yuskaitis
Modification of Condition of Use Variance 1994-47
The Vote was as follows:
AYE: Ron Jansson, Gene Burman, Gail Nightingale and Chairman Emmett Glynn
NAY: Elizabeth Nilsson
Decision:
Based upon the findings a motion was duly made and seconded to grant the applicant the relief from
Condition#6 only of Variance Number 1994-47 as follows:
1. This Use Variance shall expire on October 05, 1999, and shall not be further renewed by this Board.
2. All other terms and conditions of Use Variance 1994-47,that existed previously, must be observed.
3. If the property transfers on or before October 05, 1999, this Use Variance shall expire.
4. This Use Variance is not transferable by the owner.
The Vote was as follows:
AYE: Ron Jansson, Gene Burman, Gail Nightingale and Chairman Emmett Glynn
NAY: Elizabeth Nilsson -
Order:
Use Variance Number 1994-47, Condition No.6 has been modified by this Appeal.
This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this
decision must be exercised in one year.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty
(20)days after the date of the filing of this decision. A copy of which must be filed in the office of the
Town Clerk.
, 1997
Emmett Glynn, Chairman Date Signed
Linda Hutchenrider, 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 1997 under the pains and-penalties of perjury.
Linda Hutchenrider,Town Clerk
i
3
f
_ a
Town of Barnstable
Planning Department .
Use Variance - Commercial Parking Lot
Appeal No. 1994-47
Decision and Notice
Summary Appeal No. 1994-47
Applicant/Owner: Mark and Kelley Yuskaitis
Property Location: 27 Pleasant Street,Hyannis,MA
Assessors Map/Parcel: 327-124 0.32 Acres
Zoning: RB-1 -Residential B-1 District
Applicant's Request: Use Variance to Section 5-3.2(5)
Activity Request: To continue to utilize site as a commercial parking lot.
Procedural Provisions: Section 5-3.2(3):Use Variances
Background Information:
The property is located at 27 Pleasant Street,Hyannis and is identified as Map 327,Parcel 124. According to the
Assessor's field card the lot has 0.30 acres and contains a 1,674 sq. ft.gross floor area, 1.4 story,two bath single family
dwelling,built in the 1800's. The site is serviced by public utilities.
The Structure is in the Pleasant Street National Historic District and is a contributing structure.
The petitioner is requesting a Use Variance to allow a commercial parking lot. Attached to the submission is a copy of
"Site Plan for Parking Lot in Hyannis,MA for Mark Yuskaitis"dated 7/18/89 by All Cape Engineering,Hyannis,MA,
indicated as approved,Town of Barnstable Building Department, Site Plan Review No.44-89.
Procedural Summary:
June 1, 1994:
Sitting on this appeal are Richard Barry,Gail Nightingale,Ron Jansson,Emmett Glynn and Chairman Boy.
Chairman Boy read a letter dated May 27, 1994 into the record from Mark and Kelly Yuskaitis requesting an extension
as their attorney,Mr.John Saliba,is out of town and unable to attend.
Mr.Boy informed Mrs.Yuskaitis who was representing herself and her husband at this hearing,that his biggest concern
is an unofficial contact he received by the town informing that they are in violation of the Zoning ordinance now by
parking vehicles on the site for a price.
Mrs.Yuskaitis replied, "We have been parking since we were granted the relief from the Zoning Board last year. After
the appeal was taken we did get a ticket and we brought it to the Court and the Court said, "Well as long as its in
Superior Court that we were not going to push the issue." as far as financially,we have to continue to park."
Mr.Jansson reminded Mrs.Yuskaitis that the hearing had been remanded back to this Board and this Board voted to
denied the relief being sought and there is no permit in effect,even though it is being contested they are in violation of
our Zoning Ordinance.
Decision and Notice- Appeal No. 1994-47
Use Variance - Parking Lot: Yuskaitis
Mrs.Yuskaitis was asked to sign an extension and she said she would and in fact she did the following day.
This hearing was continued to July 20, 1994 at 7:00 P.M. Mr.Boy informed the petitioner that no further extension
would be granted.
July 20, 1994:
Sitting on this hearing are G.Nightingale,E. Glynn,E.Nilsson and as
D.Bliss is absent R.Janson was appointed by Chairman Boy to take his place on this hearing.
Attorney John Siliba introduced himself and stated that Michael Murphy was the attorney for this client but that he
would be representing the Yuskaitis'for tonight only.
Attorney Siliba's argument for financial hardship is based on interpretation of Chapter 40A, Section 10 which states in
part, "The permit granting authority shall have the power....to grant upon appeal or upon petition with respect to
particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit
granting authority specifically finds that owning to circumstances relating to the soil conditions,shape,or topography
of such land or structures and especially affecting such land or structures...involve substantial hardship,financial or
otherwise,...and that desirable relief may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of such ordinance or by-law.
Attorney Siliba presented a letter from the Stergis Company for a Home Evaluation which stated that because of
asbestos,lead paint and the historical nature of the property it would be highly unwise and cost prohibitive to consider
restoration of the home.
R.Janson informed Mr. Siliba that indeed either soil,shape or topography were the issues and he should be addressing
one.
Attorney Saliba said that the Zoning Ordinance in an RB 1 zoning district is silent on parking issues and that licenses
were issued in 1989 to 1992 indicating that there was authority to park there. Also,two lots over is a similar lot and it
seems although they are similarly situated,people are being treated differently within the same zone. Attorney Siliba
contends that parking is needed and enhances the area as there is a consumer need for such service and a commercial
need as well.
R.Jansson asked Mr. Siliba if this use variance were granted was it the intention of the client that the home would cease
to be occupied?
Attorney Siliba said no but the client's rental was substantially diminished now because of lead and marketability.
Chairman Boy asked for Public Comment and none was given.
M.Yuskaitis said that he had bought the locus as a commercial property occupied by a law office at the time. He said
he was surrounded by commercial enterprises including a hotel in the back,a guest house on one side and a restaurant
on the other in close proximity,a barber shop,Bradford's Hardware,Heritage House,the East End Grill and a cookware
shop. To the South of his property there was an antique shop which is now empty and then another commercial parking
lot. He stated his inability to expand his building because of lot size and setback requirements,therefore the only utility
for the property is parking.
R.Janson asked how many parking spaces he expected to have and informed that this plan would require Site Plan
Review.
M.Yuskaitis said 21 according to the staff report. M.Yuskaitis said Mr.Daluz had signed off on this application in
March of.this year documenting that site plan had already been done and was not needed again.
R.Janson said Mr.Daluz had signed off on this application in error and he had retired since then and that the Board
would require site plan review for the additional new ingress and egress plan.
R.Janson said the applicant was here for a use variance,creating a new use because prior to this did not exist legally.
It might have existed by mistake by the Town but it didn't exist legally. He quoted from the site plan review
provision;section 4-7.3(2)of the Zoning Ordinance, "Establishment of any new use or new construction of any
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Decision and Notice - Appeal No. 1994-47
Use Variance - Parking Lot: Yuskaitis
building or structure,including any grading or land-development activity except detached single-family and two-family
dwellings and permitted accessory structures thereto.",then Site Plan Review is required. Or section 4-7.3(4); The
construction or creation of any new parking lot and the expansion,redesign or re-surfacing of any existing parking lot,
except not to include regular maintenance that does not remove paving markings. These instances require Site Plan
Review. He told the applicant that he was coming before this Board to get what would be considered a new parking lot.
The lot is not zoned for parking. This Board would not know what they are voting for because your plans say 23
parking spaces and there are violation regarding the buffer zone and because there.are proposed changes in ingress and
egress. ,
Chairman Boy said legally.we can not act before we get approval from Site Plan Review. So if you will sign an
extension then we can continue this to the second meeting in August on the 17th.
Public Comment was again asked for and Mrs.Deets an adjacent neighbor spoke to say she had lived there for about 18
years and that the lot and house had never been as well maintained as it is now and has been well maintained since the
Yuskaitis'purchased it. This property had been previously neglected. The Yuskaitis'are very good neighbors and have
caused no problems. If the Town had made a mistake,I think they should honor what they have already done. I see no
problem with the parking lot there and I feel it is outrageous that so much pressure is being put upon the Yuskaitis'.
Chairman Boy continued this hearing and referred it to Site Plan Review. Hearing is continued until August 17, 1994.
An Extension was sign by M.Yuskaitis. The Secretary clocked in the extension with the Town Clerk the following day
and sent a copy to Mr.Yuskaitis.
August 17, 1994:
Sitting on this appeal are Board members: G.Nightingale,,E. Glynn,R.Janson,E.Nilsson and Chairman R.Boy.
Mr.Yuskaitis explained why he is not submitting the requested documentation of a stamped engineer plan to the Board
tonight. Sit Plan review was postponed,he has difficulty in engaging an engineer in the short span of time between site
plan review and the Zoning Board of Appeals hearing tonight,and his wife had gone into labor on Friday(it's a boy).
Chairman Boy postponed this hearing until September 21, 1994'at 7:00 P.M. The secretary was instructed to get
another extension signed by Mr.Yuskaitis which she facilitated that night and clocked with the town clerk the next day
sending Mr.Yuskaitis a copy as well.
R.Janson informed Mr.Yuskaitis that the Board fully expected him to stop all parking activity by now and he was
wondering why the Site Plan Review minutes stated his client schedule if in fact he had complied with the Board's
instruction.
Mr.Yuskaitis said he had a letter from the court stating he could continue with the business as long as this question was
still before a Board or in Appeal with the courts.
Mr.Jansson disagreed with Mr.Yuskaitis stating that he knew of no such court or person who would issue that type of
order and asked Mr.Yuskaitis to submit a copy of said letter to the file.
Mr.Yuskaitis said he would do so.
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Mr.Jansson instructed the secretary to write a letter to the Town Attorney requesting legal opinion of the ability of Mr.
Yuskaitis to park cars illegally while his hearing is in litigation and to ask him why,if it is true,had this Board not been
'informed of such action.
September 21, 1994:
Sitting on this appeal are Board Members G.Nightingale,Emmett Glynn,Ron Jansson,Elizabeth Nilsson and
Chairman Richard Boy.
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Decision and Notice - Appeal No. 1994-47
Use Variance - Parking Lot: Yuskaitis
This is a request for a use variance for a commercial parking lot that has been before the Board since April 1, 1994,and
continued several times until tonight.
There are two letters in the file.One is from Albany,New York and the other is from Wellsley,MA. What they
basically say is not to do away with local Hyannis parking-lots.
The Chairman then recognized Mr.Yuskaitis.
Mr.Yuskaitis: At the end of our last meeting,it was brought to our attention that we had to go to site plan review to
have our plans looked at again and we complied with that. We have seen the Site Plan Review Department on two
occasions. The first time they explained what was necessary and the second meeting was for view of that plan and the
changes necessary to have the plan approved. It subsequently was approved at the last meeting.
Chairman Boy: We will take some questions from the Board. Ralph(Crossen)would you like to speak?
Ralph Crossen,Building Commissioner: The Site Plan Review Committee made a couple of recommendations as far as
changes are concerned. In addition to the plan that he finally put forward there was a condition that he have a berm on
the downhill side of that property,ensuring that the water recharges on the site. Other than that there were no further
comments from the Site Plan Review Staff.
Ron Jansson: I did have some problem with variance conditions. This is a use variance. Although the ordinance gives
us authority,we very infrequently allow granting of use variances where,in another district,the particular use can be
made. Understandably,the use in existence is not as profitable as perhaps a parking lot would be. Usually reserve the
right is reserved to grant use variances for those parcels of land where other uses are just are not possible or probable
based upon variance conditions found under 40A, Section 10. I am not quite so sure in view of what the petitioner has
said,that these conditions do in fact exist. The conditions exist which would certainly warrant the hardship the
petitioner has undergone. The fact that surrounding areas are business use,except for one neighbor. However,there
has been no testimony indicating that the use of the property as a residence could not be maintained.
Emmett Glynn: At the last hearing,August 17, 1994,there was question about a letter from a court stating he could
continue to park cars. Since that time,there has been no hearing. Mr.Yuskaitis said he would produce the letter that he
received from this Magistrate that allowed him to continue parking. Has that letter been produced?
Chairman Richard Boy: I think there was a misunderstanding on both parts.
Mr.Yuskaitis: Yes,there was a meeting at the District Court with Magistrate Chartrand. There was a legal term used
indicating that he did not issue a citation. He said as long as this was in appeal the Town could not give us any type of
monetary civil fine. As far as a letter goes,there was a miscommunication on a particular letter from the court.
Emmett Glynn: However,it was you who said you had a letter.
Mr.Yuskaitis: No,I only said I met with the court.
Emmett Glynn: I am only reading the minutes.
Mr.Yuskaitis: No,I faxed a correspondence that said that before the minutes were approved that I was questioning the
word letter. Before those minutes were approved, I faxed it to the planning department.
Richard Boy: Yes,we have a copy of that. Yes,we discussed that. The Building Commissioner shut down your,
operation.
Mr.Yuskaitis: Yes sir and we complied with that.
h Public Comment was requested and none was given.
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Decision and Notice - Appeal No. 1994-47
Use Variance - Parking Lot: Yuskaitis
Gail Nightingale: We do have Site Plan Review approval?
Richard Boy: Yes.
Ron Jansson gave the
FINDINGS:
Mr. Chairman,I am concerned about the ongoing violations on this lot. They give me cause for concern regarding the
nature of relief for that the petitioner has sought. We have had prior communications with the petitioner.The record
reflects that during the pending of any appeals,that the parking lot use would not be made.The petitioner violated that
irrespective of the argument. A case on point has been presented recently,entitled"Town of Lincoln VS.Thomas
Guiles(?)". Basically it held that the granting of a license by Selectmen did not authorize conducting a business in
violation of the Zoning Ordinance.However,the relief must be reviewed to make sure there are no ongoing violations.
If there are violations,a hearing to show cause will be held to show why the variance should not be revoked.
Based upon the presentation before us,and with regard to Appeal Number 1994-47 the findings are:
1. The property at issue is located in an RB 1 residential district on which is a residential dwelling.
2. The property has been used for several years as a residential dwelling. At one time a business establishment was
allowed when the property was in a Business(131)District. Currently the property has been used as a residence.
3. The Board of Selectmen of this Town granted the petitioner a permit to operate a parking facility in the year 1988.
4. The property at issue is unique for this zoning district in that it is surrounded and constrained on all sides,save one
exception,by significant commercial development. This fact impacts the ability of this property to be fully utilized for
residential purposes.
5. The Petitioner requests to convert the variance part of this property into a parking lot. It would not be detrimental or
objectionable to the neighborhood,provided that the petitioner complies with certain conditions imposed by this Board.
6. The Petitioner has presented his plan for 27 Pleasant Street in Hyannis to our Site Plan Review Committee. They
have approved it with conditions reflected by correspondence to us from the Building Commissioner dated September
21, 1994.
Second: Gail Nightingale .
VOTE
AYE: E.Glynn,E.Nilsson,R.Jansson,G.Nightingale,R.Boy
NAY: None.
Based upon the affirmative findings of this Board motion was made to grant the petitioner the relief being sought
subject to the following terms and conditions. The violation of any of these terms or conditions shall result in a notice
to show cause as to why this use-variance should not be revoked by this Board..
1. No parking spaces including those set aside by residents will be permitted within the 20 foot front yard set-back on
Pleasant Street.
2. The maximum total parking spaces on the lot at any one time not exceed 2L,
3. Three parking spaces be clearly designated to the single family residents and marked,"Family residents use only."
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Decision and Notice - Appeal No. .1994-47
Use Variance - Parking Lot: Yuskaitis
4..The commercial use of the parking lot will be limited to operate annually from May 15 to October 31 and to the five
day period that precedes and follow the holidays of Thanksgiving,Christmas and Easter.
5. The parking lot shall be screened from abutting properties by a visual barrier of evergreens being within a buffer
zone,three feet in width,or fencing or other suitable natural growth consistent with the area and approved for esthetics
by our own Planning Department.
6. Issuance of Variance shall expire within three years of the date thereof and shall not be transferable by the owner
unless approved by this Board or unless extended by this Board by hearing.
7. The violation of any of the conditions that we have imposed shall allow this Board to summons the petitioner to
appear before us to show cause as to why this use-variance should not be rescinded.
8. The residential structure and the use thereof shall remain during the term of this variance and shall not be further
modified.
9. The Petitioner must comply with all the terms and conditions,to the extent that they have not been superseded by the
Conditions imposed by this Board,with those imposed by the Site Plan Review Committee.
Second: Gail Nightingale
VOTE
AYE: E.Glynn,E.Nilsson,R.Jansson,G.Nightingale,R.Boy
NAY: None.
ORDER:
Appeal Number 1994-47 has been approved with conditions.
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.
Richard Boy,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 19 under the pains and penalties of perjury.
Linda Leppanen, Town Clerk
copies Applicant/Attorney
Building Commissioner
ZBA File
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