HomeMy WebLinkAbout3941 MAIN STREET .3 1/1 7160. Cigtit)ja
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Anderson, Robin
From: Florence, Brian
Sent: Friday, January 15, 2021 2:05 PM
To: Anderson, Robin
Subject: RE: Kelly
Attachments: Board of Appeals Decision.pdf 39 if I
raon
Hi Robin,
I don't have a minute to spare either but I sent an email to the clerk and planning to see if Ms. Kelly had any zoning relief
on record. They found a 1974 variance for her business.
She is going to lose an opportunity to obtain a grant that she sorely needs for her business if she can't provide proof of
zoning compliance.... I am authorizing issuance, can you turn her business certificate around right away? If not send it to
me please along with her contact information and I'll get it done.
Thanks,
-b
13.
1
TOWN OF BARNSTABLE
Board of Appeals
SUZANNE C. KELLY
Petitioner
1974-41
Appeal No. September .,...,......................... 1971E
FACTS and DECISION
Petitioner ,Suz filed petition on July 12 19 7k ,
requesting a variance for premises at .,,Route....6A. - Street, in the village
of CIIQd , adjoining premises of
Edward. A. & Madeline Anderson; James F. & Cornelia H. Austin; George. W. & Barbara E. Blanchard;
Eleanor G. Deveney; Harriet F. Dyer; Robert D. & Ruth A. Farrell; Oliver W. Hallett; Gardner W. &
Margaret M. Handy; Roger B. & Svana G. Hodgson; Herbert W. & Vivian H. Kestle; Margaret A. Laber
& Sharon R. Pinkham; Albert E. & Judith A. Minucci; P. Gordon, Jr. & Louise K. Nelson; William
T. & Eileen G. O'Donnell; Austin E. & Matilda L. Page; John E. & Mary Y. Parettie; Norman A. &
Mildred I. Staples; Roger B. & Mildred J. Stevenson; William P. & Diane Trauner; Gustaf V. &
Irma H. VonCollin; Mildred F. Walker; Gladys Weilbacher.
J.VS uua purl)uar. ui
Locus is presently zoned in Residence D-3 Zoning District
Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and
by publishing in Cape Cod News a weekly 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, Mass., at 2:00 tx P.M. August 7 19 71}
upon said petition under zoning by-laws,
Present at the hearing were the following members.
Joseph A, Williams Buford Goins Gai'. Nightin,gale
Chairman
TOWN OF BARNSTABLE
Board of Appeals •
SUZANNE C. P T,F,y
Petitioner
1974-41
Annaal �Tn
•
for the purpose of continued operation of interior design shop
Locus is presently zoned in Residence D-3 Zoning District
Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and
by publishing in Cape Cod News a weekly 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, Mass., at 2'CC atc ix P.M. Auagust...7 19 74 ,
upon said petition under zoning by-laws.
Present at the hearing were the following members.
,T seph A.. Williams Buford Goins Gail Nightingale
Chairman
At the conclusion of the hearing, the Board took said petition under
advisement. A view of the locus was had by the Board.
•
On August 26 19 74 , the Board of
Appeals found
The Petitioner, Suzanne C. Kelly, has appealed to the Board of Appeals from a
decision of the Building Inspector and petitions for a variance to Section I A
7, Use Regulations - RD-3 Zoning Districts, Barnstable Zoning By-Law as revised •
July 16, 1974, to allow continued operation of interior design shop at Route 6A,
Cummaquid in an RD-3 Zoning District.
Attorney Richard C. Anderson represented Petitioner and stated that this is a
home occupation- use; that in 1972, a home occupation was permitted in this
area as a matter of right; that Town Meeting 1972 amended zoning to require a
Special Permit from the Board of Appeals for a home occupation; (adopted April
5 and 6, 1972); that a Special Town Meeting of August 14, 1972, further amenede
the zoning in this area to disallow home occupation use even by Special Permit;
that Petitioner purchased locus in April, 1972 for $33,500 and expended another
$6,000 on renovations and $1500 for landscaping; that prior to purchase, Petitioner
inquired of the Building Inspector if she could operate an interior design shop
at locus, and was assured by him that this was permissible; that, relying on
Building 'Inspector's assurances, Petitioner consumated purchase of locus and
opened an interior design studio; that by letter of July 6, 1972, the Building
Inspector informed Petitioner that her sign was in excess of the size permitted
in the sign code; that July 13, 1972, Petitioner applied for a sign permit, which
was granted July 19, 1972; that throughout 1972 and 1973, the Building Inspector
assured Petitioner that she was operating legally and she operated without com-
plaint from anyone; that in November of 1973, Petitioner applied to the Board
of Appeals for an extension of a non-conforming use and at the hearing November
28, 1973, only one person appeared in opposition; that there is hardship because
Petitioner relied on information supplied by the only Town official responsible
for the enforcement of zoning, the building inspector, and it was reasonable to
assume that he would give the correct information; that Petitioner would not
have purchased locus if she could not operate a business there and was led to
believe that she could; that between April 1972 Town Meeting and Special Town
Meeting in August of 1972, Petitioner could have come before the Board of Appeals
for a Special Permit which it is reasonable to assume valid have been issued; that
Petitioner did not apply for this Special Permit due to assurances from the
Building Inspector that this was not required; that this hardship was not self--
imposed as she sought the counsel of the individual who would know about the
zoning, 'the Building Inspector, and now Petitioner finds herself in danger of
financial hardship from those assurances; that from Phinney's Lane to the Yarmouth
Town line on Route 6A, there are 14 commercial or home occupation establishments;
that in view of this commercial activity in this area, Petitioner's small operation
would not be out of keeping with the area and, especially, since no one complained
about the operation for so many months; that the shop is part of Petitioner's home;
that the shop is in the former garage area 17.5 feet by 15 feet or 162.5 square
feet; that this is the only area being used for business purposes; that the house
Distribution:-- Board of Appeals
Town Clerk Town of Barnstable
Applicant
Persons interested
Building Inspector ^�Public Information B ✓
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Board of Appeals irm n
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I BAHE9TG8L TOWN OF BARNSTABLE
fr BOARD OF APPEALS
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397 MAIN STREET
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HYANNIS, MASSACHUSETTS O2601
1974-41/Suzanne C. Kelly Facts & Decision Page 3
and shop are residential in appearance; that a new bay window has been added
to the residence portion of dwelling since Petitioner purchased locus; that
structures are 120 feet from Route 6A; that there is adequate off-street
parking; that in 1973, Petitioner's gross sales were $7,000 and until operation
was suspended in 1974, gross sales were $1500; that this is a very small opera-
tion; that Petitioner kept a daily log in 1973 and on a rainy summer day she
had a maximum of 12 cars visit here and on a sunny day the number was approxi-
mately 3 cars; that the Board has the power to grant a variance and this would
be consistent with Section A "promoting the general welface of the inhabitants
;; "; that Petitioner is an "inhabitant" of Barnstable and through no fault of
her own (she acted in good faith) she faces the possibility of having to close
her business; that prior to Petitioner's purchase of locus, it was a residence
only; that application is being made for the 17.5 by 15 foot garage area only;
that Petitioner does not know whether or not the Building Inspeebr. was aware
that locus was not Petitioner's principal residence at the time she could have
obtained a Special Permit; that Petitioner has now sold the home she had in
Worcester and her principal residence is now Route 6A, Cummaquid; that Petitioner
inquired as to the appropriateness of use before purchasing locus., but has
nothing in writing from the then Building Inspector, Herbert Stringer.
Opposition was based on detriment to the area due to more business in a residence
district; that parking is not adequate; that Petitioner opnely defied the Town
authorities; that Petitioner became a resident of Cnmmaquid to fulfill the
requirement after the fact; that the hardship is self-imposed; that locus is
no longer residential in character due to sliding glass doors for merchandize
display in the garage area.
The Board found that as per data supplied at the previous hearing, that Mrs.
Kelly, acting in good faith, did not obtain a Special Permit from the Town
of Barnstable at the time that she purchased the property due to assurances
of the former Building Inspector, Herbert Stringer, that she did not need said
permit (see letter in file, Exhibit J). The date of the purchase fell between
the time of publication of the proposed Barnstable Zoning By-Law and approval of
same by Town Meeting and the Attorney General. Thatchange made it mandatory
to have a special permit for a home occupation use. Mrs. Kelly inquired of the
Building Inspector whether or not she had any further permits to obtain and Mr.
Stringer answered in the negative. The Board feels that this hardship, which 1
is unique, was not self-imposed and that Mrs. Kelly was acting in good. faith
in not obtaining the Special Permit, which would have required her-to change
her residence to permanent residence in Cummaquid at that time. •
•
Board of Appeals
•
Town of Barnstable
By ry i'Ot414‘11
6 rman
= D�AH3ST18L o HFrot TOWN OF BARNSTABLE
a5` ~ BOARD OF APPEALS
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341411,
S i639' �" 397 MAIN STREET
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HYANNIS, MASSACHUSETTS 02601
1974-41/Suzanne C. Kelly Facts & Decision Page 4
The Board voted on the particular circumstances involved in this case to allow
a limited variance. In order not to be in derogation of the Barnstable Zoning
By-Law, the Board thereby issues a limited variance, which is to terminate upon
Mrs. Kelly's sale of the house or removal of the business. The Board voted
unanimously to issue this limited variance with the following restrictions:
1 ) The Business use shall be confined to the original area of the garage.
2) There shall be no exterior display of merchandize.
3) There shall be no display of merchandize in the sliding doors in the
garage area nor in the bay window of the dwelling's residence area.
4) That no lighting be used in the sliding door areaat any time.
5) That parking is provided for four (4) cars.
6) That the door from the garage area to the new shed area be blocked.
7) That the shed area at no time be used for storage or sale of merchandize
from the shop.
8) That Petitioner must comply with all requirements of Sections 112 a
through h (this variance acting in lieu of the required special permit).
9) That this variance is not subject to further appeal and any further
attempt to appeal shall result in immediate revocation of this variance.
10) That any violation of the aforementioned restrictions constitutes an
immediate revocation of this limited variance.
•
Board of Appeals
•
Town of Barnstable
By c
rman
e
TOWN OF BARNSTABLE
Board of Appeals
SUZANNE C. TcFT,T,Y
Petitioner
1973-82 January 16 19 74
Appeal No.
FACTS and DECISION
Petitioner SUZANNE C. KELLY filed petition on October 21„ 19 73,
requesting a variance-permit for premises at- Route 6A .Street, in the village
of Ci.umm4quid - , adjoining premises of
Edward A. and Madeline Anderson; George W. and Barbara E. Blanchard; Eleanor G. Deveney; Pail H.
and Ruth K. Doorly; Harold E. and Harriet F. Dyer; Robert D. and Ruth A. Farrell; Richard. L.
and Barbara A. Gysan; Oliver W. Ballet; Gardner W. and Margaret M. Handy; Mrs. Lois Betterly
Hatfield; Roger B. and Svana G. Hodgson; Herbert W. and Vivian H. Kestle; Margaret A. Laber and
Sharon R. Pinkham; Mr. and Mrs. Robert McGudrey; Albert E. and Judith A. Minucci; P. Gordon Jr.
and Louise K. Nelson; Austin E. and Matilda L. Page; John E. and Mary Y. Parrettie; Norman A. and
Mildred I. Staples; William P. and Diane Trauner; Gustaf W. and Irma H. VonColln; Gladys
Weilbacher.
Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and
•
by publishing in Cape Cod News, a weekly 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, Mass., at ....2:.0O A.M. P.M. .-..,.No.3r.,eznbex,...28 19 73,
upon said petition under zoning by-laws.
Present at the hearing were the following members:
Joseph A. Williams Mary Ann B. Strayer Buford Goins
Chairman
��V Q �1%j `j)
TOWN OF BARNSTABLE
Board of Appeals
SUZANNE C. KELLY
Petitioner
1973-82 January 16 74
AppealNo. ........................ .............., ,., ...,............ ... 19
•
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for the purpose of construction of an addition to a non-conforming home-antique
shop
RD--3 Zoning District
Locus is presently zoned in
Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and
by publishing in Cape Cod News, a weekly 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, Mass., at ....200 A.M. P.M. LTaizenter...26 19 73,
upon said petition under zoning by-laws.
Present at the hearing were the following members:
Joseph A. Williams Mary Ann B. Strayer Buford Goins
Chairman
1 _ _
• At the conclusion of the hearing, the Board took said petition under
•
•
advisement. A view of the locus was had by the Board.
•
•
•
•
On January 9 19 7k , the Board of
Appeals found •
The Petitioner, Suzanne C. Kelly, has appealed to the Board of Appeals for a Special
Permit under Section P4 of the Barnstable Zoning By-Law as revised August 24, 1973,
alteration or increase in size of a non-conforming use, to allow an addition to a
non-conforming home antique shop at Route 6A, Cummaquid in an RD-3 Zoning District.
The Petitioner represented herself and stated that her winter address is 31 Saint
Elmo Road, Worcester; that her summer address is Route 6A, Cummaquid; that there is
a small sign in front of the house indicating that there is an antique shop, but
that it looks like a residence; that the antique shop is in the garage, and is
presently 14 x 192 feet with a garage door; that the Petitioner would like to add to
the rear of the shop an addition 14 x 30 feet, of which 10 x 14 feet will be separated
by an interior wall.from the shop and will be used for storage; that in order to
allow an addition the petitioner acquired abutting land in the rear from a neighbor
after explaining the purpose of the acquisition; that the Petitioner has owned the
property since April 1 , 1972; that the antique shop was opened June 25, 1972; that the
Petitioner was unaware of the necessity of a Special Permit; that the Petitioner
instituted the antique shop and previous to her ownership this property was just a
home; that this is a home occupation use; that four months of each year Cummaquid is
her residence but her voting residence is in Worcester, Massachusetts; that the
business is conducted in the accessory building; that the Petitioner is the only
employee; that there have been no exterior changes made nor anything new built;
.that adequate off-street parking is provided; that the Petitioner does not have a
Special Permit from the Board of Appeals for this home occupation:use; that the
Petitioner has never before been before the Board of Appeals; that-the Petitioner
did not obtain a permit from the Building Inspector as the renovations were done
by the previous owner; that the Petitioner has her Worcester house for sale and is
trying to move to Cummaquid permanently; that the Petitioner's cars are registered
at 6A Cummaquid, but they arti not there four days a week twelve months of the year.
No one spoke in favor of this petition and one person spoke in opposition.
The Board found that by her own testimony the Petitioner purchased the property on
April 1 , 1972; that prior to this purchase date there was no non-conforming use on
the property; that the antique shop was opened on June 25, 1972; that there is a
question on whether at this time it was necessary for the Petitioner to apply tinder
112, Section G of the Barnstable Zoning By-Law which requires a Special Permit
by the Board of Appeals to operate a home occupation use; however, the Board found
that this was not pertinent in as much as the Petitioner stated that this was not
her principal home or dwelling and the Barnstable Zoning By-Law, under Section I
12 b, makes it mandatory that this be his principal dwelling ("the operator of the
use must have his principal home or dwelling on the premises."). Therefore, the
Board found that if it were necessary for the Petitioner to apply under I, 12, h,
Distribution:— Board of Appeals
Town Clerk Town of Barnstable
Applicant
Persons interested
Building Inspector
Public Information By
Board of Appeals Chairman
i
Appeal No. 1973-82/Kelly, Suzanne C. Decision Page 2
they could not have at this time granted the Special Permit. The Board further
found that there is no non-conforming home occupation use pertaining to this
property and therefore, since there is none,it is impossible to extend the use as
requested in the application. The Board voted unanimously to deny this petition
for Special Permit.
Board of Appeals
Town of Barnstable
By 4rman
I
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�.- 3 (IS
o*. , , Town_ •
�' of Barnstable 1 1
w.� r g
1: ABLE, •I
,Post This Card So That it is Visible From the Street-Approved Plans Must be Retained on Job and this Card Must be Kept f
Posted Until Final Inspection Has Been Made.
z
M Where a Certificate of Occupancy is Required,such Building shall Not be Occupied until a Final'Inspection has been made.
Permit
Permit No. B-19-2366 Applicant Name: Henry Cassidy Approvals
Date Issued: 07/24/2019 Current Use: Structure
Permit Type: Building-Insulation- Residential Expiration Date: 01/24/2020 Foundation:
Location: 3941 MAIN ST./RTE 6A(BARN.), BARNSTABLE Map/Lot: 335-049 Zoning District: RF-2 Sheathing:
Owner on Record: KELLY,SUZANNE C TR Contractor Name: -HENRY E CASSIDY Framing: 1
Address: 3941 MAIN STREET i Contractor License: CS-100988 2
I
BARNSTABLE, MA 02630-1723 Est. Project Cost: $4,025.00 Chimney:
Description: Insulation Permit Fee: $85.00
Insulation:
Project Review Req: Fee Paid: $85.00
'2 Date: 7/24/2019 Final:
Plumbing/Gas
I Rough Plumbing:
_- -- - - -- '`S Building Official Final Plumbing: _
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. Rough Gas:
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the Final Gas:
work until the completion of the same.
Electrical
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit.
Minimum of Five Call Inspections Required for All Construction Work: Service:
1.Foundation or Footing - Rough:
2.Sheathing Inspection .- �...
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final:
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection
5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy Low Voltage Final:
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction.
Final:
"Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A).
Fire Department
Building plans are to be available on site �y�� Final:
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT O fit;
5
,
r
\ II
oFt r Town of Barnstable *Permit# gel y
, Expires 6 months from issue date
�►s . °0 Regulatory Services Fee
BARNSTABLE, + CO$ Thomas F. Geiler,Director IJ/� 1
i639' ��
prfD A't�
. Building Division
Tom Perry,CBO, Building Commissioner
200 Main Street,Hyannis,MA 02601
www.town.bamstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY
Not Valid without Red X-Press Imprint
Map/parcel Number ; (<- ""0(�`\
Property Address ?V16:7:— (l/A
Residential Value of Work '9/ •0-e) Minimum fee of$25 ii'1 for work under$6000.00
Owner's Name &Address
. 4 7 27,
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, ?e� • Telephone Number �� 8‘�,3Q98 Contractor's Name �`/_„if ��
Home Improvement Contractor (cense#(if applicable) /6/7�"�"
Construction Supervisor's License#(if applicable) es- - 0/0.2Jig
,Workman's Compensation Insurance
Check one:
❑ I am a sole proprietor
❑ am the Homeowner
riv I have Worker's Compensation Insurance
a..7Insurance Company Name —
Workman's Comp.Policy# /ire tv/s-.9v/.s-
Copy of Insurance Compliance Certificate must accompany each permit.
Permit Request(check box)
((Re-roof(stripping old shingles) All construction debris will be taken to .
❑ Re-roof(not stripping. Going over existing layers of roof)
❑ Re-side •
#of doors
❑ Replacement Windows/doors/sliders.U-Value (maximum .44)#of windows
*Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.
***Note: Property Owner must sign Property Owner Letter of Permission.
A copy of the Home Improvement Contractors Licens & Construction Supervisors License is
re uired.
SIGNATURE: e C `1/Y .
OK .
Q:\WPFILES\FORMS\building p t forms\EXPRESS.doc ! +'
Revised 090809