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TOWN OF BARNSTA13LE «; `�` 'a
Zoning Board of Appeals S ����� 15 F1`i 3 48
RICHARD WEINTRAUB
..................._..__........................_......................................................__...................... Deed duly recorded in the
Property Owner
County Registry of Deeds in Book ......................__....
.SAME........ ................................................................................................__. Page ...................:.._. ...._......................................................Recistry
Petitioner
District of the Land Court Certificate No.
......................... ........................ Book ........................ Page ..................
Appeal No. ..._..1987-40 ..... 19
.......................................
FACTS and DECISION
Petitioner Richard Weintraub ........ filed petition on .......................... 19
requesting a variance- ermit for remises at ' =413 West Main Street
qg P P ......_......._......_........................................_......................................., in the village
Hyannis (Street)
of .............. _......_..........._......._............._................_, adjoining premises of _................ (see attached list) ..................................
Locus under consideration: Barnstable Assessor's Map no. .........69......__.......................... lot no. .........19.
Petition for Special Permit: ❑
Application for Variance: ❑ made under See. .................................................................. of the Town of Barnstable
Zoning by-laws and Sec. ............_.._....................................................................................................... Chapter 40A., Mass. Gen. Laws
to connect the existing buildings (two) and add a partial second
for the purpose of _.._........_.........___..__ ....__.......... __.._......................................_..............................,..._..................._......................................................
floor and renovate basement for office and storage use making bld.. commercial
HB
Locusis presently zoned in,._....._...._._......._.............................................._..............................................................................................._................
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, Bass., at. .........._...:,8_15 _ May 14, 19 87
upon said petition under zoning by-laws.
Present at the hearing were the fol!owin., memhem:
Richard L. Bo ... Gail Nightingale...._.._..... ........Dext.Q.r.....B.1 SS...................._...,.,......
..............................................y........................_... _._.__.......__......._......
Chairman
r
Helen Wirtanen
At the conclusion of th, .searing, the Board took said petition u. ...er advisement. A view of the
locus was made by the Board.
1987-40 2 3
AppealNo._.._._.._..._._............................................ Page ........................ of ..._� ._.......
On ....... July....l........-...-...................................................... 19 ....87......., The Board of Appeals found
Attorney Bruce Gilmore represented the petitioner who is seeking a Special
Permit/Variance for a lot consisting of 8910 square feet located on the south
side of West Main St. , Hyannis in a Highway Business zoning district where
business use is allowed by special permit in accordance with Section P of the
Zoning By-Law. .
non-conforming
The applicant proposes to convert the existing/office, storage and residential
structure to .office and storage only by connecting the two existing buildings,
adding a partial second floor and renovating the basement, per Proposal # three (3)
as submitted with the application by the petitioner who is the Terminex Company.
The locu 1 Situated on Map 269, Lot 119, 413.West Main Street and currently
tw bsuitdin s
contains/a three-unif motel and the lower level contains apartment use. The
petitioner intends to use the basement for storage area for the Terminex Company
and two offices for his employees, with three remaining offices for rentals.
The renovated building would not be larger ground cover and would increase the
lot size by 30%.
The petitioner is in the process of acquiring parcel D-3-F, located at the
rear of 413 Main Street from the Commonwealth of Massachusetts, Lot 221, containing
5,460 square feet, as indicated by letter as LO- .4751, of June 25, 1987. After
purchasing this land, the total land area will contain 143.370 square feet.
Dexter Bliss made the following findings:
That the information received from the Department of Public Works states
that the traffic created by the intensification of the use on this lot would not
affect West Main St. , adversely.
Find that the petitioner has provided documentation from the Commonwealth
of Massachusetts, DPW pertaining to the acquisition of the property behind the
structure for required parking;
The lot is identified as .LO-4751, Parcel D-3-F, as relating to the sale
of the State owned land and relocation of a drainage easement, in a letter from
the DPW dated June 25, 1987;
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 ........................ da.- of ....................................................................... 19 ........................ under the pains and
penalties of perjury.
Distribution:—
PropertyOwner ..........................................................................................................................................
Town Clerk ltnard of Appeals
Applicant ' OW11 of Barnstable
Persons interested
Building Inspector
Public Information ]i.. ........ .._.............. '_.._.............. ... ........ ... .... .....
Board of Appeals �iGG— Ch irman
At the conclusion of th, .,earing, the Board took said petition u_ .er advisement. A view of the
locus was made by the Board.
Appeal No._......._.._.1987-40 ............... Page ...... of ..._3•__...
July 1, 87
On _.._....___- . ._ .. . ................._.._.._........................................._._....... 19 ................... The Board of Appeals found
Further find that the improvement and expansion of the property at this
site would not be detrimental to the neighborhood and when built would improve
the area.
Further find that the applicant must maintain the required 10' green buffer
strip and that the parking spaces on the Plan, as submitted, in the front of
the building be restricted to two (2) handicapped parking spaces only, parallel
to the building .
Dexter Bliss made a motion to grant the relief requested based on the
findings; per the Plan.
To be limited to four (4) office suites (proposal #3) seconded by
Gail Nightingale.
To be six (6) foot high natural buffer vegetation between the rear
parking area and the residential area;
All over head lighting to be of low intensity and shaded;
Dumpster to be restricted to the rear yard and to be screened.
The Board voted unanimously to grant the Special Permit with the amendments
as indicated.
J
I _._...... .................... Clerk of the '1'mi n 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 nu appeal of said decision has been filed
in the office of the Town Clerk.
Signed and Sealed this .....'....� Lla.1- of' ........................104..:.................... . 19 ...................
' � ........ �... . .......... .. under the pains and
penalties of perjury.
Distribution:—
Property Owner ..................:.......................................................................................................................
.
Town Clerk Board of _appeals
Applicant Towel of Barnstable
Persons interested
Building Inspector -
Public Information 11y ...... ......_......... ..................... .
Board of _appeals �i�G�e �Ch man