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HomeMy WebLinkAbout0030 CROCKERS NECK ROAD 0 C��x��rs f ��c �, t e a �. E�. _:_ .. Town of Barnstable `® c/o Inspector V; Hyannis, MA 02601 September 10, 2004 To Whom it May Concern: Co m To address our anonymous neighbors' concerns about our parking lot, here is my time-line. 1. The sign at the driveway will in place by the end of September. 2. The curb stops will be in place by the end of October. 3. The curb cut permit will be applied for by the end of September. 4. We will continue to fill the back parking lot as we obtain fill. (We were set up.with fill in 2001, but because the zoning board held us up for a year, we_1ost.the opportunity to get the fill and now have to obtain it when we can.) If you need any further information please call 508-428-9863. Thank you for your time. Sincerely, Paul:M. Helier Manager C.yH GC y �D RIS o0T Aot 5l1 (Lc �Tc� � Co,��t , l i 4 1100B L IN i 03 o LJ � 1 Go, L4ZA �� 241 ,_ V� "020091"`"""""`r''.�"r".i ".`"""'""'.`" """ """_"#141 8 0 020 80 4 0200920092 #193 F15, #225 O () #205 i % \ 020083 00200 002#28 \/ \ 020082 V 020093001 #125 �. 020a29 020126 0#00a0 #30„ \ #14 �f aJ ' 020079 ` 02#0094 ;i #54 P O O Fz Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2001-55 - Paul M.Heher,Trustee, Cotuit Highground Golf Course Special Permit-Section 4-4.5 Non-conforming Uses—Golf Course Accessory Parking Lot Summary: Granted with Conditions Petitioner: Paul M.Heher,Trustee,Cotuit Highground Golf Course Property Address: 30 Crocker's Neck Rd.,Cotuit,MA Assessor's Map/Parcel: Map 020,Parcel 093.001 Zoning: Residential F,Resource Protection and Groundwater Protection Overlay Districts Background &Review: The property is a 1.01-acre lot being utilized as an accessory parking lot to the Cotuit Highground Golf Course. The golf course is a 9.61-acre parcel and has a 5,396 gross sq.ft.club building. The golf course dates back to the 1920's. The accessory parking lot is located across Crocker's Neck Road in close proximity to the clubhouse. According to the applicant the lot was used for parking since 1956. At that time the lot in question was part of a larger 2.33-acre lot. In 1983,that 2.33-arce lot was issued a variance for the frontage requirement for the RF Zoning District. That variance permitted the lot to be divided into two parcels. An Approval Not Required (ANR) Plan was prepared and signed by the Planning Board in early 1984. That plan created the one-acre front lot where the parking area is today,and a second panhandled lot to the rear. The back lot was later developed with a single-family dwelling.An easement(right-of-wa� was recorded over the 20-foot wide panhandle allowing the front lot to utilize the panhandle for access to the parking area.A copy of that easement was submitted as described in a 1999 Quitclaim Deed for the back lot. Originally the application proposed to expand the parking lot to accommodate a total of 50 cars. In doing so,the plan called for the clearing of trees 110 feet deep by 70 to some 90 feet wide (depending upon area fill requirements).The 24 foot wide driveway located where it is today,within the panhandle area of the residential lot,provides access to Crocker's Neck Road. The parking lot is depressed approximately 6 feet below the roadway. For foot traffic there are existing wood stairs from the parking lot up to the roadway. The original plan was before the Site Plan Review Committee and found approvable with condition on December 27,2000. Relief Requested &Background: The applicant,Paul M.Heher,Trustee,Cotuit Highground Golf Course has applied for a Special Permit under Section 4-4.5 Non-conforming Uses to allow for the upgrading and expansion of a parking lot for the golf course. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 27, 2001. An extension of time for holding the hearing and for filing the decision was executed between the applicant and Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened May 16,2001 and continued to July 25,2001,September 05,2001,November 07,2001,November 28,2001,and to January 09, 2002,at which time the Board found to grant the special permit with conditions. Board Members deciding this I appeal were Daniel M. Creedon,Thomas A.DeRiemer,Jeremy Gilmore,Randolph Childs and Ron S.Janson. Paul Helier represented himself on the petition. Mr.Helier stated that the golf course operation had been a family business since 1954,and the parking lot has been in use since 1956. Mr.Helier stated that he wants to upgrade the existing 25-space parking lot to meet the golf course needs. He stated that he has received site plan approval. Public Comment was requested. John Helier gave a history of the use of the land as both a tennis court and golf course.David Pina spoke in favor of the petition. Bruce and Marian Anderson noted several concerns,including use of the easement. j Chairman Janson noted that a letter had been received,dated,May 8,2001,from John and Anna Janowicz, direct abutters to the parking lot,expressing their concern over noise,landscaping,drainage and lighting. Board members discussed the easement and access for the Anderson. It was determined that a staff review and report was necessary before making any decision. The hearing was continued to July 25,2001. At the continuance,a recorded plan from 1926,was presented showing the golf course,tennis court and parking areas.The Board concluded that there is a legal pre-existing non-conforming use that was grandfathered in 1929. The issue of noise was discussed and the applicant stated that they are usually closed by 9 PM,earlier during the off-season. However,they are open until 1 TM on Fridays during season.The enlarged parking lot is to eliminate driveway and street parking. The staff report was discussed and the Helier's noted that they were in agreement with the condition suggested. Bruce and Marion Anderson stated their concerns with the driveway of the parking lot crossing their driveway, noting that they could be adversely affected by the proposed design and requested an opportunity to consult with their attorney. The hearing was continued to September 5,2001. At the continuance of September 5th,Attorney Bernard Kilroy represented the petitioner. Mr.Kilroy addressed the issue of the parking lot and the easement. Mr.Kilroy presented a plan of the property and stated that the property owner and the Anderson are willing to split the cost of installing a fence. Attorney Christopher Flood represented the Anderson. He stated that there was a purchase and sales offer made on the Anderson's property but that it was withdrawn due to the controversy over the parking lot. He stated that the proposal to enlarge the parking lot would greatly affect the value of the Anderson home and land and their ability to sell the property. The Board and Mr.Flood discussed the size of the present parking lot and the proposed expansion. The Board questioned if any negotiation had been conducted with the Anderson to resolve the use of the easement. Mr. Helier stated no,and Mr.Janson suggested that the parties try to resolve these issues. The hearing was continued to November 7th,2001. At that continuance an agreement was presented but it was noted by Mr.Janson that it was not signed. The Board offered the parties additional time to workout an agreement and it was determined that a revised plan was needed. Members of the board discussed the plan submitted and the changes that needed to be made to the plan.Mr.Helier was instructed to have that plan prepared for submittal to the board's staff for their review. The hearing was continued to November 28,2001. 2 At the opening of the November 28th hearing,it was noted that additional time was needed to prepare the plan. The Board continued the hearing to January 9,2002. At that hearing a revised plan was presented and reviewed by the Board. Findings of Fact At the hearing of January9,2002,the Board unanimously made the following findings of fact: 1. In Appeal 2001-55,the applicant Paul M.Helier,Trustee,Cotuit Highground Golf Course has applied for a Special Permit under Section 4-4.5 Non-conforming Uses to allow for the upgrading and expanding of an accessory parking lot for the golf course.The property address is 30 Crocker's Neck Rd.,Cotuit, MA,and is shown on Assessor's Map 020 as Parcel 093.001. It is in a Residential F,Resource Protection and Groundwater Protection Overlay Districts. 2. The applicant is seeking to expand an existing parking lot that is accessory to a pre-existing legal non- conforming use-the Cotuit Hghground Golf Course. 3. After extensive discussion and revision of the plan to address neighborhood and Board members concerns,a plan entitled"Proposed Parking Plan prepared for Cotuit Highground Golf Course",by Baxter,Nye and Holmgren,Inc.,dated October 4,2000,and last revised 12/14/01,was prepared and presented. This plan reflects the desires of the applicant and addresses the concerns expressed by the neighbors. 4. Section 4-4.5 of the Town of Barnstable Zoning Ordinance permits the expansion of non-conforming uses by a special permit from the Zoning Board provided several criteria are fulfilled to the satisfaction of the Board. That criterion has been satisfied. 5. Pursuant to Section 5-3.3(2) of the Zoning Ordinance,after evaluation of the evidence presented,the proposal fulfills the spirit and intent of the Ordinance,and would not represent a substantial detriment to the public good or the neighborhood affected. Decision: Based on the findings of fact,a motion was duly made and seconded to grant the appeal with the following conditions: I 1) The parking lot is authorized only as an accessory parking lot to the principal non-conforming use it serves,the Cotuit Highground Golf Course. 2) The lot shall be developed consistent with this decision and the plans submitted entitled"Proposed Parking Plan",prepared for Cotuit I-Eghground Golf Course,by Baxter,Nye and Holmgren,Inc.,dated October 4,2000,with a last revision date of 12/14/01. 3) The maximum number of cars permitted within the lot shall not exceed 41 cars. 4) The applicant is restricted to no parking within 70 feet of the east property line. No grading activities and no tree or underbrush removal is permitted within 60 feet of the east property line of the lot. That area shall remain natural and undisturbed,serving as a buffer to neighboring residences. 5) The 10 foot buffer strip to the north property line as it abuts the panhandled area of the neighbor's lot shall be mounded and planted with a combination of evergreens and deciduous trees and under-story 3 shrubs and evergreens to provide a buffer zone. The applicant shall be responsible for establishing the plants and assuring that they are maintained adequately. 6) The applicant shall install curb-stops on all parking spaces to delineate each parking space. All parking shall be restricted to the parking lot as designed on said plan. 7) A sign shall be posted at the driveway where it splits into the parking lot,and the residential private drive identifying the residential drive as private,and that it shall not be blocked. 8) All lighting shall be directed to illuminate only the applicant's property and shall not shine beyond. All new lighting shall be limited to no higher than 12 feet and shall be directed onto the applicant's property, and not into or onto neighboring property and the public right of way. 9) At the stairs to the lot,a pedestrian crosswalk shall be painted across Crocker's Neck Road. The g approve Engineering Division of the Town shall a rove the design and layout of the crosswalk. 10) All conditions of the Site Plan Review Committee are imposed. Those conditions are: a) The applicant shall obtain a road-opening permit for the driveway work. b) The applicant shall use process stone in lieu of gravel. c) A paved apron shall be installed for the driveway. d) The applicant shall create erosion control measures (i.e.swales). 1) No dumpster shall be located on this lot. 2) The applicant shall post within the clubhouse a notice to its members and customers that this is a residential neighborhood and that they are reminded to respect that. The notice shall also state that parking is permitted only in the parking lot areas,and no parking is permitted on Crocker's Neck Road, �^ nor on the abutting owners driveway. The vote was as follows: AYE: Daniel M.Creedon,Thomas A.DeRiemer,Jeremy Gilmore,and Ron S.Janson NAY: None Ordered: Special Permit 2001-55 is granted with conditions. 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. Ron S.Janson,Chairman Date Signed I,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 4 ' Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchen ider,Town Clerk 5 ° 4 � . .`t,�y 1 r 4 k MA 7"t WSW 40, 4 AL !, •r Va or - � .. ' -, �p /� � /04 30 Crock eck ,r Job, e► sl' F rt 1 1. , a F J � w � M 4 -fib -� _ �i•a y�: �'ti a •. ��'r'��� . � ;�, .�y�ti'y�• �. �� �. r i pis IV A' • • A w' •- Sr•n t ,:. :.. • .' .�'•• ;1� ,�+^W't A.' ., y 1 I - •sir- � , . •9 J � 6 t r jJ o i",W- 4 - ALAa t• �f MA'S'. r„ { r��.. am of s 1 u f• ►'. r ' •� f'1 Lr —s�..arrr q, Yl o L •'R q 4 _ i AIY AL ZIA ARW P 6' .jj '� f s1. � ��'_+' fie �' 1114441NNf..__SSSr» • .. 1 ��/ eT - •rl - - Y INI At k - '• , �+ 4Fr ,,. .� ip ;ems _ t ' r A -;k off - - „ 4r OiL AL i r� r-4 C3] Town of Barnstablej ? Zoning Board of Appeals Decision and Notice a mC? Appeal 2001-55 - Paul M. Heher, Trustee, Cotuit Highground Golf Course 3?� Special Permit -Section 4-4.5 Non-conforming Uses — Golf Course Accessory Parldng Lo Summary:. Granted with Conditions Petitioner: Paul M.Helier,Trustee,Cotuit Highground Golf Course Property Address: 30 Crocker's Neck Rd.,Cotuit,MA- Assessor's Map/Parcel: Map 020,Parcel 093.001 Zoning: Residential F,Resource Protection and Groundwater Protection Overlay Districts Background & Review: The property is a 1.01-acre lot being utilized as an accessory parking lot to the Cotuit Highground Golf Course. The golf course is a 9.61-acre parcel and has a 5,396 gross sq. ft. club building. The golf course dates back to the 1920's. The accessory parking lot is located across Crocker's Neck Road in close proximity to the clubhouse. According to the applicant the lot was used for parking since 1956. At that time the lot in question was part of a larger 2.33-acre lot. In 1983,that 2.33-arce lot was issued a variance for the frontage requirement for the RF Zoning District. That variance permitted the lot to be divided into two parcels. An Approval Not Required(ANR) Plan was prepared and signed by the Planning Board in early 1984. That plan created the one-acre front lot where the parking area is today, and a second panhandled lot to the rear. . The back lot was later developed with a single-family dwelling. An easement (right-of-way) was recorded over the 20-foot wide panhandle allowing the front lot to utilize the panhandle for access to the parking area. A copy of that easement was submitted as described in a 1999 Quitclaim Deed for the back lot. Originally the application proposed to expand the parking lot to accommodate a total of 50 cars. In doing so,the plan called for the clearing of trees 110 feet deep by 70 to some 90 feet wide (depending upon area fill requirements). The 24 foot wide driveway located where it is today, within the panhandle , area of the residential lot, provides access to Crocker's Neck Road. The parking lot is depressed approximately 6 feet below the roadway. For foot traffic there are existing wood stairs from the parking lot up to the roadway. The original plan was before the Site Plan Review Committee and found approvable with condition on December 27, 2000. Relief Requested & Background: The applicant, Paul M. Helier, Trustee, Cotuit Highground Golf Course has applied for a Special Permit under Section 4-4.5 Non-conforming Uses to allow for the upgrading and expansion of a parking lot for the golf course. r Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 27, 2001. An extension of time for holding the hearing and for filing the decision was executed between the applicant and Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened May 16, 2001 and continued to July 25, 2001, September 05, 2001, November 07, 2001, November 28, 2001, and to January 09, 2002, at which time the Board found to grant the special permit with conditions. Board Members deciding this appeal were Daniel M. Creedon, Thomas A. DeRiemer, Jeremy Gilmore,Randolph Childs and Ron S.Jansson. Paul Helier represented himself on the petition. Mr. Heber stated that the golf course operation had been a family business since 1954, and the parking lot has been in use since 1956. Mr. Helier stated that he wants to upgrade the existing 25-space parking lot to meet the golf course needs. He stated that he has received site plan approval. Public Comment was requested. John Heher gave a history of the use of the land as both a tennis court and golf course. David Pina spoke in favor of the petition. Bruce and Marian Anderson noted several concerns, including use of the easement. Chairman Jansson noted that a letter had been received, dated, May 8, 2001, from John and Anna Janowicz, direct abutters to the parking lot, expressing their concerns over noise, landscaping, drainage and lighting. Board members discussed the easement and access for the Andersons. It was determined that a staff review and report was necessary before making any decision. The hearing was continued to July 25, 2001. At the continuance, a recorded plan from 1926, was presented showing the golf course,tennis court and parking areas. The Board concluded that there is a legal pre-existing non-conforming use that was grandfathered in 1929. The issue of noise was discussed and the applicant stated that they are usually closed by 9 PM, earlier during the off-season. However,they are open until 11PM on Fridays during season. The enlarged parking lot is to eliminate driveway and street parking. The staff report was discussed and the Helier's noted that they were in agreement with the conditions suggested. Bruce and Marion Anderson stated their concerns with the driveway of the parking lot crossing their driveway, noting that they could be adversely affected by the proposed design and requested an opportunity to consult with their attorney. The hearing was continued to September 5, 2001. At the continuance of September 5`h,Attorney Bernard Kilroy represented the petitioner. Mr. Kilroy addressed the issue of the parking lot and the easement. Mr.Kilroy presented a plan of the property and stated that the property owner and the Andersons are willing to split the cost of installing a fence. Attorney Christopher Flood represented the Andersons..He stated that there was a purchase and sales offer made on the Anderson's property but that it was withdrawn due to the controversy over the parking lot. He stated that the proposal to enlarge the parking lot would greatly affect the value of the Andersons home and land and their ability to sell the property. 2 The Board and Mr. Flood discussed the size of the present parking lot and the proposed expansion. The Board questioned if any negotiations had been conducted with the Andersons to resolve the use of the easement. Mr. Helier stated no, and Mr.Jansson suggested that the parties try to resolve these issues. The hearing was continued to November 7", 2001. At that continuance an agreement was presented but it was noted by Mr.Jansson that it was not signed. The Board offered the parties additional time to work out an agreement and it was determined that a revised plan was needed. Members of the board discussed the plan submitted and the changes that needed to be made to.the plan. Mr, Helier was instructed to have that plan prepared for submittal to the board's staff for their review. The hearing was continued to November 28, 2001. At the opening of the November 28`b hearing, it was noted that additional time was needed to prepare the plan. The Board continued the hearing to January 9, 2002. At that hearing a revised plan was presented and reviewed by the Board. Findings of Fact: At the hearing of January 9, 2002,the Board unanimously made the following findings of fact: 1. In Appeal 2001-55,the applicant Paul M. Helier, Trustee, Cotuit Highground Golf Course has applied for a Special Permit under Section 4-4.5 Non-conforming Uses to allow for the upgrading and expanding of an accessory parking lot for the golf course. The property address is 30" Crocker's Neck Rd., Cotuit, MA, and is shown on Assessor's Map 020 as Parcel 093.001. It is in a Residential F, Resource Protection and Groundwater Protection Overlay Districts. 2. The applicant is seeking to expand an existing parking lot that is accessory to a pre-existing legal non-conforming use-the Cotuit Highground Golf Course. 3. After extensive discussion and revision of the plan to address neighborhood and Board members concerns, a plan entitled "Proposed Parking Plan prepared for Cotuit Highground Golf Course", by Baxter, Nye and Holmgren,Inc., dated October 4, 2000, and last revised 12/14/01, was prepared and presented. This plan reflects the desires of the applicant and addresses the concerns expressed by the neighbors. 4. Section 4-4.5 of the Town of Barnstable Zoning Ordinance permits the expansion of non- conforming uses by a special permit from the Zoning Board provided several criteria are fulfilled to the satisfaction of the Board. That criterion has been satisfied. 5. Pursuant to Section 5-3.3(2) of the Zoning Ordinance, after evaluation of the evidence presented, the proposal fulfills the spirit and intent of the Ordinance, and would not represent a substantial detriment to the public good or the neighborhood affected. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the appeal with the following conditions: 3 c I 1) The parking lot is'authorized only as an accessory parking lot to the principal non-conforming use it serves, the Cotuit Highground Golf Course. 2) The lot shall be developed consistent with this decision and the plans submitted entitled "Proposed Parking Plan",prepared for Cotuit Highground Golf Course, by Baxter, Nye and Holmgren, Inc., dated October 4, 2000,with a last revision date of 12/14/01. 3) The maximum number of cars permitted within the lot shall not exceed 41 cars. 4) The applicant is restricted to no parking within 70 feet of the east property line. No grading activities and no tree or underbrush removal is permitted within 60 feet of the east property line of the lot. That area shall remain natural and undisturbed, serving as a buffer to neighboring residences. 5) The 10 foot buffer strip to the north property line as it abuts the panhandled area of the neighbor's lot shall be mounded and planted with a combination of evergreens and deciduous trees and under-story shrubs and evergreens to provide a buffer zone. The applicant shall be responsible for establishing the plants and assuring that they are maintained adequately. 6) The applicant shall install curb-stops on all parking spaces to delineate each parking space. All parking shall be restricted to the parking lot as designed on said plan. 7) A sign shall be posted at the driveway where it splits into the parking lot, and the residential private drive identifying the residential drive as private, and that it shall not be blocked. 8) All lighting shall be directed to illuminate only the applicant's property and shall not shine beyond. All new lighting shall be limited to no higher than 12 feet and shall be directed onto the applicant's property, and not into or onto neighboring property and the public right of way. 9) At the stairs to the lot, a pedestrian crosswalk shall be painted across Crocker's Neck Road. The Engineering Division of the Town shall approve the design and layout of the crosswalk. 10) All conditions of the Site Plan Review Committee are imposed: Those conditions are: a) The applicant shall obtain a road-opening permit for the driveway work. b) The applicant shall use process.stone in lieu of gravel. c) A paved apron shall be installed for the driveway. d) The applicant shall create erosion control measures (i.e. swales). 1) No dumpster shall be located on this lot. 2) The applicant shall post within the clubhouse a notice to its members and customers that this is a residential neighborhood and that.they are reminded to respect that. The notice shall also state that parking is permitted only in the parking lot areas, and no parking is permitted on Crocker's Neck Road, nor on the abutting owners driveway. The vote was as follows: _ 4 The vote was as follows: AYE: Daniel M. Creedon, Thomas A. DeRiemer,Jeremy Gilmore, and Ron S.Jansson NAY: None Ordered: Special Permit 2001-55 is granted with conditions. 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. 11�1P,2e at Ron S.Ja on hairman Date Signed I, 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 andsealed this�_day if er t e pains - d penalties oe j f perjury. Linda Hutchenrider, Town Clerk 5 ,r ' Town of Barnstable Planning Division Follow-up Staff Report Appeal 2001-55 -, Paul M. Heher,Trustee, Cotuit Highground Golf Course Special Permit- Section 4-4.5 Non-conforming Uses — Golf Course Accessory Parking Lot Date: January 03, 2002 To: Zoning Board of Appeals Art Traczyk, Principal Planner Petitioner: Paul M.Heher,Trustee,Cotuit High ground Golf Course Property Address: 30 Crocker's Neck Rd.,Cotuit,MA Assessor's Map/Parcel: Map 020,Parcel 093.001 Zoning: Residential F&Groundwater Protection Overlay District Members assigned: Dick Boy,Gail Nightingale,Dan Creedon,Tom DeRiemer and Ron Jansson Alternates present:Randy Childs,Jerry Gilmore Filed:March 27,2001 Hearing Opened:May 16,2001,Continued:July 25,2001,September 05,2001,November 28,2001& January 09,2002 Background & Review: The Board will recall that during the course of the hearings, several abutters expressed concerns over the expansion of the parking lot. The most affected abutters'Bruce and Marian Anderson did negotiate with the applicant for a more compatible development plan. At the November 7`h, 2001 continuation of the pubic hearing an agreement (unsigned) was presented to the Board that apparently reflected a compromise acceptable to both parties. The Board expressed its concern that a plan was not prepared showing the; acceptable parking lot plan. The hearing was continued to allow for a plan to be drafted showing the',, proposed development of the parking lot. On December 20, 2001, a plan was received at the Zoning Board of Appeal Office. That plan has a last revised date of December 14, 2001. The plan shows a parking lot area measuring roughly 125 feet by 64 feet. The lot is laid out to accommodate 41 vehicles parked perpendicular. The parking area is setback 10 feet from the access way to the Anderson's property and 70 feet from the lot line. The apparent edge of grading and clearing is measured to be approximately 60 feet from the Anderson's west property line. `. The entrance area to the lot is paved from Crockers Neck Road to the lower landing of the parking area. Most of the lot is to be processed stoned pavement. There is no lighting illustrated on the plan. The dimensions of the spaces and drive area meet the standards of the Ordinance. Curb-stops are shown on only one side of the lot. The 18 parking spaces fronting along the 10 foot green spaces.do not indicate curb stops. Staff recommends that those spaces should also be delineated with stops to prevent autos from driving into the 10 foot buffer green space. A reduced copy of the plan was transmitted to the Andersons on January 02, 2002. Staff is awaiting any comments from them. III 8tl " h Planning Division-Staff Report Suggested Conditions: If the Board should find to grant a permit,it may wish to consider the following conditions: 1) .The proposed parking lot is authorized only as an accessory parking lot to the principal non- conforming use it serves,the Cotuit Highground Golf Course. 2) The lot shall be developed consistent with this decision and the plans submitted entitled "Proposed Parking Plan" prepared for Cotuit Highground Golf Course, by Baxter, Nye and Holmgren, Inc., dated October 4, 2000 and last revised date 12/14/01. 3) The maximum number of cars permitted within the lot shall not exceed 41 cars. 4) In development of the lot,the applicant is restricted to no parking within 70 feet of the east property line. No grading activivs and no tree or underbrush removal is permitted within 60 feet of the east property line of the lot. That area shall remain natural and undisturbed, serving as a buffer to neighboring residences. 5) The 10 foot buffer strip to the north property line as it abuts the panhandled area of the neighbor's lot shall be mounded and planted with a combination of evergreens and deciduous trees and under-story shrubs and evergreens to provide a buffer area. The applicant shall be responsible for establishing the plants and assuring that they are maintained. 6) The applicant shall install curb-stops on all parking spaces to delineate each parking space and restrict parking to within the parking lot. lgeq � "A--G-4-d- 50-c' __6� 7) A sign shall be posted at the driveway where it splits into the parking lot and the residential private drive identifying the residential drive as private and that it shall not be blocked. a 8) Lighting, if any, shall be limited to no higher than 12 feet and shall be directed onto the applicant's property, and not into neighboring property and the public right of way. 9) At the stairs to the lot, a pedestrian crosswalk shall be painted across Crockers Neck Road. The Engineering Division of the Town shall approve the design and layout of the crosswalk. 10) All conditions of the Site Plan Review Committee are imposed. Those conditions are: The applicant shall obtain a road-opening permit for the driveway work. The applicant shall use process stone in lieu of gravel. A paved apron shall be installed for the driveway. Guardrail or stop blocks shall be provided. The applicant shall create erosion control measures (i.e. swales). 11) No dumpster shall be located on this lot. 12) The applicant shall post within the clubhouse a notice to its members and customers that this is a residential neighborhood and that they are reminded to respect that. The notice shall also alert that parking is permitted only in the parking lot areas and no parking is permitted on Crockers Neck Road. Copies: Petitioner/Applicant Attachments: Copy of reduced plan 2 i ASSESSOR'S MAP 020 __I2x `�,� 1 "� s I.NK 1// /'/ 1:0 '♦ Imx1 •nI/ f 98 10K 14 J VI �Q 124 ?4 OF 174 ;.so Is \\ 39 027 \_......_.- 13 UK 37 so AL ' YIY 1 I f �+ OYx ��K -_--_ 6 p j j tO aYK also i LosK sm sim i 12 t_------ a / aK 1 0YK 8 D IIsK ''' t I.I 1 r Ir I i t Mir VV j _ ... I ..� -.. 1 , ti � IL ...r,..f•,t+ _ _ _ ; 2.3 127 ,r /1i� \ ens �� •. � ("'.��„'.� �,a�. � anK ; r;",. � - 50 �/ ;9 \ \ (3 `; ,-+; t ✓ i 54 Q o.rsK L.::1 L an ;/�•�` aN 123 omx 0YK nm _ �1.)E0 ��. 14x OAK 55 3 124 tt - i 49 Pill,u .fir /�, ♦♦♦ �� s as ' € '�` € s RC -, INK _" +: 48 //i� ♦\ INK t1 ao58-4 60 0 N� . •i47 '�jr��// �.. • � 1 � -.._._ .� onK J`'^+I. '�a7^a € � .c'1}s59. in j� 58-3 \ / OAK aY €€ ;..', :.:::_IIY 3°' I' XS OYK1 v,'} ImK /' S8-5 O 70 0429 71 44 58-2 n 63 itu 0nx ; VVV a a - OdA CON14 and,`, � x --- .- ,I ._ r Onx r r 61 Ylaf 427 . __' t I I � J f- J ➢4 •Jm ;103 aNK aNx !p Q 5 '~t`":') 1 all �aJ r r 0. 113 -_ a°t 70iI 100 / I p f-' $In.'ti88e�r. �7GE 86K,-` .TN oYK J atsl nu,_+ © _ 122 _ �.... OYK / +ISI rlll 025 "0ttx i\r- f i.. . 99 so 66 -_ fjHEEN v _ •tN 88 " aSeK lel' f ns sIn i aUK _ 'T , an _ _...; i 1, ..../tREEN " t A j , \_• i oelK 9? 92 � O n5 i .. Y .ram \ `€q TENNIS' 83 :f 0UK _ I COURT GREE\k �� (t ....____. 93 2 GREEN ' I Lmx I 93 t !I IN '..../ c, ?' sy- 0J0K1 1,9 ro 108 GREEN 97 r - ( �- ,...../ ,n t GREEN 80 p y.. € I.mK aN O.I 94 �'�\ O 79K 1.. / i 1 h % GREEN i + j-....,,.._..........Gail .... i 107 .Is %/ \ GREEN'/ / c A anK \ l\. 001 78 ` ir. 1 ,Y 127 / ' 96 44 44 :Iu `\ // :t• /.ice/ 0�im {/1� •171 o DENSE ,TR IK O: E�S�..... a9 . nILJ t• y �� r `)x _ y � It o cz Iv ,i 5, T . I�°: The Town of Barnstable * swRtvsrABM • Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 1, 1998 Stephen J. and Paul M. Heher, Trs. P.O. Box 809 Osterville, MA 02655 Re: 30 Crockers Neck Road, Cotuit(Map 020 Parcel 093 001) Dear Stephen and Paul: Please be advised that a recent inspection has revealed an expansion of your parking lot across the street from the clubhouse. This sort of expansion is a violation of Barnstable zoning and must cease and desist at this time. You must apply for Site Plan Review for the work that was done and obtain approval from the Zoning Board of Appeals as well. Please contact me at 862-4038 within 48 hours of receipt of this letter to avoid any further enforcement action. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn g980101e QUERY'`PROPERTY: QUERY END QUERY PROPERTY PENTAMATION--------------------------------------- -------------------- 07/01/98 PARCEL ID 020 093 001 GEO ID 31676 LOT/BLOCK 1 DBA PROPERTY ADDRESS OWNER HEHER 30 CROCKERS NECK ROAD STEPHEN J TRS & HEHER PAUL M COTUIT PO BOX 809 OSTERVILLE MA 02655 PHONE DISTRICT CT DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY(NOTES) ZONING DIST/ZOC RF SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 43995 . 6 OPER/MGR NAME WET LANDS MULT ADDRESS USE 130 PROTECT DIST (N) EXT / (P) REVIOUS ./ NO (T) ES / PER (M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT r v, `QUERY,WPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 07/01/98 PARCEL ID 020 093 GEO ID 862 LOT/BLOCK DBA PROPERTY ADDRESS OWNER HEHER 28 CROCKERS NECK ROAD, JOHN 0 CATHERINE M HEHER COTUIT 57 SWIFT A'.,'E OSTERVILLE MA 02655 PHONE DISTRICT CT DEVELOPMENT STATUS D DELETED FROM USE CAPACITY(NOTES) ZONING DIST/ZOC SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 100188 OPER/MGR NAME WET LANDS MULT ADDRESS USE 130 PROTECT DIST (N) EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT SCALE tr '; IN FEET 100 0 100 ,3 0....--..... \ 021 036 11 _ 1047 30 020 035 d 007 019 034 94` 17 e3l 5. ..... ....... aNr / !r tOr 11 1 r ` i .. 0a 1 rin rlm 1220 o�O 19 35 9• l s 2 r , am `• as t» k: . 18r � �' �•%� of ..�`r am 50r am O m y 24 Il123 ra our a m i -"-' 7 .: 124 •' li Q271 7�3 T"� 3 a171 O it -"'.> '- our - .:.....+- 7ror i/ afar ` a \\Q 1 341 ' -�,'„'• M 49 s 14128 , 3G t>1 aar D q r Fr a1 +n r681>•^ 29 �`Q aar', +' Ix 28 ra 33 47 126 ouraN. +., '. _ x rr- "'q►'+er`"�. ! "', i 70 our ,, uI , .1 1 4 t �►tl`_ �O.Ugr IY o I7S4 ` 68 i mod. 3 , omr 31a Is w `: aar aar `- a1s 38 s ouY r,\ ,Q * lurt! 67 14� I / `.{ 1t Iu 'S} T, ,�i nI ° 67 t j 42� 'HI y QS2 6' I Oar r I � ( x• }*F'r Yr I 68BIP87 86 Via` 72 ♦us I I ~ d. sY on _........_. •Is1 jj ♦w�, .1 f U so a1n0919 91 92 r� I Y t ' _ k^. a O . yur � � 19 "'��j _ .".�-�.as •-- _____- tlr »� / n 4EYNIS':, :� 83 '• : v 'y CO 7 IILd Qi 's nr J�' onr' f_ I �F1JSm 93 2 r 82 � COURT q 93-1 + a176 Gk O S .. 01fr ✓, oar " „•'r"' 81• 129 +1U 80 +n �EEf Imr "\ p our t26 µ.✓ \ �., ` 94 79 h ,' 'All\ ` \%,i,. Y �\\` \.\ i333•tiro 78 !0 oSlr ` \ 091K \ lux 1114 1154 44 144 t;\ a7fi IIK 45 'DENSE TH 21 • \��r � / e0 ~u MR, RECORD PLAN (PLAN BOOK 380 PAGE 7) WAS ROTATED TO 1972 TOWN LAYOUT OF CROCKERS NECK ROAD AS FOLLOWS: 34 BARNSTABLE ROAD OU D. (tyP.) BARNSTABLE ROAD BOUNDS DEFINING CROCKERS NECK ROAD OBIT-BERM WERE LOCATED BY SURVEY AND USED TO ESTABLISH PLAN BEARING SYSTEM. MONUMENTS SHOWN ON RECORD PLAN LOCATED BY SURVEY AND p PLAN ROTATED TO REFLECT CROCKERS ROAD BEARING SYSTEM. ~ 36 LOCUS S ui OC LOT LINES EXTENDED TO CROCKERS NECK LAYOUT LINES. io 34 Q - DEED BOOK 7431 PAGES 134 - 135 UP/g2 DESCRIBES RIGHT TO WAY OVER A PORTION Q NIF OF LOT 2 APPROXIMATELY AS SHOWN-BELOW J SHUTROFF STEPHEN C. HAMBLIN, ET UX. IS, 3g I . - a- ' MIAP 20 v h PAIRCEL'92 N/F `t PAVED APRON STEPHEN J. HEHER, TRS: ' :.., MAP 20 9d7 _ STONE ITRANSiTION APRON PARCEL 91 ~ CONC.WALL ' /r W :' p W S 83-4754-,E To BE i — 559.59' BROM ROAD (A WOOD i BENCH MARK YOUT ENCE • TOP OF CONC. BIND.. °j REMOVED �^ o p ¢o j f/�y"�.., �� STAKE__ 0, EL=41.48' 'IV ' •fro c `�N lA RAIL R AD N �'-_.y - �'.\_259.73' - 3 p " FN. - O , D. AI(G .._.._.�. 4 O.H.W. lM NEW PLANT) _ EIIIS/OAj� _ jOR � BARRIER �� - - - _ -- -- -- - -- ----------- �v Up/A�2 A 2 _ / DEED Ro �o 7 20.OD pIM 240'jt \ W ---- LIGHT \\.. _ _ _ STONE 0 29053' _ 250.00 _ _ _..._ ` DRIVE WAY v I D� DIMEN S 834734:'E r... _ _ ,,� �r WATER W �0 J ti 121.66 2 _ — ._-__ _ —.-- Z _ WOOD I FHNUU W ACK ��� STAMf STEPS ` - o jl •w A. - p 1 = STAKE/END ' T B LL Sir-BERM ,r 1 H00 _• \ r�k PROPOSEDI I l� 1 N PR SSED STONE 'PARKIN• 1.52' ' i` //' O LOT WOOD ENCH MARK FENCE :i TOP OF CONK BND. / ro iEl=40.37' 1 EDGE F EXI NC P KING 6' - - p•Cl§IW/DH 0 nT 1 , Cd w/ucr+r ------ . _. • � i ', __ 44.42Z.200cRf'•_FEET t - 2 '(AREA 1 0 ROADgS&ONE) •�tr 40 _ N/F - S Cl•••. DEAN M. BOGER yob 36 \3�; ; MAP 20 .:• e• � � .- •� � � ` PARCEL 93=2 FILL SLOPE TO BE .MONITORED FOR EROSION .J $ RIP-RAP TO BE PLACED IF NEEDED '^ o10 N N N F • • JOHN C. JANOWICZ MAP 20 24 PARCEL 94 ` 150.00, 308.20' FFNND. BENCH MARK r N 88174 TOP OF CONC, BND. 38, W 458.20' TD EL.-25.76' N/c LOCUS RECORD PLAN (PLAN BOOK 380 PAGE 7) WAS ROTATED TO 1972 TOWN LAYOUT OF CROCKERS NECK ROAD AS FOLLOWS: 34 BARNSTABLE ROAD ! �ND(tYP) !BARNSTABLE ROAD BOUNDS DEFINING CROCKERS NECK ROAD oBIT-BERM WERE LOCATED BY SURVEY AND USED TO ESTABLISH PLAN Q BEARING SYSTEM. " MONUMENTS SHOWN ON RECORD PLAN LOCATED BY SURVEY AND PLAN ROTATED TO REFLECT CROCKERS ROAD BEARING SYSTEM. 0 36 ._ LOCUS LOT LINES EXTENDED TO CROCKERS NECK LAYOUT LINES. 34 .. - o Q T ' DEED BOOK 7431 PAGES 134 - 135 a uP/1/2 Q , DESCRIBES RIGHT TO WAY OVER A PORTION Q N/F OF LOT 2 APPROXIMATELY AS SHOWN BELOW o OJ 3 SHUT-OFF STEPHEN C. HAMBLIN, ET UX. MIAP 20 Q i h PARCEL 92 N/F PAVED APRON STEPHEN J. HEHER, TRS. MAP 20 ,r r c) 933 _ __ STONE 1fRANSITION APRON PARCEL 91 i COTO BE it - L" FND W _--:_ 3 8,347$4 E 559.59' FROM WOOD I BENCH MARK \^ c N RAIL AD ¢°N w z.-- \\ \ +, ROAD LAYOUT ENCE I roP of cauc ONO. .REMOVED .,�1 e r ��. 0 /�'LpY� NEW PLAN71 G _259.73 - DEED D/MENS/ FND. �g -. RO SPIKE D. BARRIER ♦ / _...`._..._4 O.H.W. �V Q� 12 �/ UP/�ZW LICHT _ BAR - - -- - - -- -- -- ------ ��Q go o 7 �� Zp.pip WM 240' \ - - - _ _ _ _ _ _ _ 290.53 .. i '} d 1 � DIMEN ..S e34T E �OOr... dRSVE WAY WATER � W— < _ 0 WOOD J ^ Z.6 2 — . — _ _ — —— SHUT � p QW 2 . IAJ G STEPS` ' HUB W ACK STAKfit'I � \� N r N l 4 R STAKE/FND I T B LL r I HOO ` BIT-BERM C cIv 70'' C V A5 5;�, I PR R I OPOSED P -- + 9 SSEDISTONE'PARKIN!•' 1.52' r 1 �jl/, �l)'BTS G LOT WOOD l, / � N I FENCE I BENICH MARK I TOP OF CON BND. EDGE F EXI NG P KING i Qp _v SEE DET IL A' y © _ - .- \ UP/#3 .. -� a 44,427_.5C3UARE-fEET r` :h`L"-` •: -(AREA T0 ROAD DELINE)40 , A ..: 6 DEAN F i 2 ;' N• . AN M. 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