HomeMy WebLinkAbout0765 FALMOUTH ROAD/RTE 28 TOWN CI E.R
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Town of Barnstable
Zoning Board of Appeals
Mod i f i cati on of a Special �� rr 2 `- -
No . 1984-30
Decision and Notice
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Appeal No . : . 1991 -01
Applicant : Nicholas D. Franco
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At a regularly _ scheduled meeting of the Barnstable Zoning
Board of Appeals , held on January 10 , 1991 , notice of which
was duly . published and forwarded to all interested parties
pursuant to Massachusetts General Law (MGL) Chapter 40A, The
petitioner , Nicholas D . Franco , petitioned the Zoning Board
of Appeals for Modification of a previous Special Permit No .
1984-30 , to include general office use within the .permitted
uses . identified within the Special Permit .
The applicant ' s property shown or. Assessor ' s Map/Parcel
Number 271 /95 , commonly addressed as 765 Falmouth- Road
(Route 28 ) , Hyannis , MA , is zoned RB , Residence B 'District .
This appeal was heard by Board members : Gail Nightingale ,
Dexter Bliss , Gene Burman , Bruce Burlingame and Ron Jansson .
Summary of . Evidence :
Attorney Michael Ford represented the petitioner before the
Board and submitted a brief containing background
information . He described the property as being developed
with a two-story 2 , 100 sq . ft . structure presently devoted
exclusively to real estate office use , pursuant to .the terms
and conditions of Decision No . 1984-30.,. granted by. the Board..
to the petitioner on May 3 , 1984 . Fifteen ( 15 ) parking
spaces are provided .
Attorney Ford reviewed the history of, the case before the
Zoning Board and activities related to the locus. and
property and noted that the applicant is not presently in
need of such a large real estate office . The applicant .
. wo.uld prefer general office use be permitted .
The applicant has sufficient parking , given the potential
for a total of 6 office suites and the building ' s total
2 , 100 sq . ft . used for general offices , which would require
thirteen ( 13 ) parking space as per the Zoning Ordinance.
Attorney Ford discussed the legality of the case noted in
the Department of Planning and Development Staff Report ;
beginning with the issuance of a 1955 Variance for a
gift /antique shop , the 1959 and 1967 rehearings and
continuation of the Variance to new owners , the 1971 Special
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Permit allowing real estate office use , the 1981 transfer of
property and Special Permit to the present applicant , Per .
Franco , the 1983 denial by the Board for a request to expand
the structure , the 1984 permit to allow for limited
expansion conditioned on the evolution of all use within the
structure to a real estate office . The conversion of all
space to real estate office use and the abandonment of all
previous uses has occurred over the past six years.
Attorney Ford established that the "six offices" would be
six rooms within the structure and would not be six separate
businesses .
Speaking in support of the petition was nor . Schuman ,
representing his wife who is owner of a building across
Route 28 . He stated that both he and his wife had no
objection to the proposal and would welcome it .
Speaking against the petition was Mr . Joyce , a resident of
Marks Path , who is concerned about the increase in traffic .
Mr . Joyce discussed the ingress/egress from marks Path into
the subject parking lot . Mr . Joyce has no opposition to the
use change from real estate office to general offices , but
would like to have the petitioner fence the parking lot so
that there is no ingress/egress to Marks Path , which is a
residential street . Mr . Joyce also .commended on the lack of
visual screening of the parking area to the residential
area .
Attorney Ford stated that there is no curb cut onto Route
28 . He submitted the subdivision plan and reviewed the
access and parking on the subject lot ( Lot #10 ) of this
appeal . Mr . Joyce identified the area he would like to see
blocked off and screened . The Board , Attorney Ford , the
applicant and Mr . Joyce discussed the site plan of the lot
and need for screening , fencing , access and the appearance
of the structure .
Findings of Fact :
Based upon the information provided , the Zoning Board of
Appeals made the following findings of fact :
1 . That there would be no major detriment to the public
good by allowing the Modification of Special Permit ; and
2 . With conditions imposed in the Modification of the
Special Permit , there should be no additional detriment
to the surrounding neighborhood .
Ayes : NIGHTINGALE , BLISS , BURMAN , BURLINGAME, JANSSON
Nays : None
Decision :
Based upon the information provided and the findings of
fact , at a meeting held January 10 , 1990 , by a motion duly
made and seconded , the Zoning Board of Appeals voted to
grant a Special Permit No . 1991 -01 which modifies the
previous Special Permit No . 1984-30 to permit the applicant
to include general . office use within the structure , with the
following conditions :
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1 . The number of office suites is limited to no more than
three ;
2 . There shall be no medical offices use ;
3 . There shall no expansion of the structure or addition to
without reappearing before this Board ; and
4 . The existing stockade fencing is to be extended to the
rear of Lot 10 and continued along Marks Path up to the
point of ingress/egress into the parking lot . Such
point being at least 30 feet to block off views of
parked cars and trucks . The new fencing is to be of
materials consistent with the existing materials and
design and of the same dimensions and height .
Ayes : BURMAN , BURLINGAME, NIGHTINGALE, BLISS , JANSSON
Nays : None
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Any- person aggrieved by this decision may appeal to the
Barnstable .Superior Court , as prescribed in Section 17 of
Chapter 40A of the General Laws of Massachusetts by filing a
Complaint in said Court as well as .a . notce of action with
the Barnstable Town Clerk , within twenty (L(-)) days of the
filing of this decision with the Barnstable Town Clerks
Office.
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Chairman i
I 0 AJ 9 A don 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\Skil day of 'Fekj . , 1.�9 0 under
the pains and penalties of perjury.
Town Clerk
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