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Home My WebLink About0031 PEPPER LANE � � ��'P�� -� �� - .��. -1403 ► %P n. i MAR _ 3 Q��► OWN C E'RK TOVJI T �' ZONING";;'OARS]OF APP FA.LS �`"� —4 Town of Barnstable / Zoning Board of Appeals Decision and Notice Appeal No. 1998-12-.The 1019 Property Limited Partnership 1� 3 Special Permit Pursuant to Section 3-3.6(3)(A) -Conditional Uses Summary Granted with Conditions Applicant: The 1019 Property Limited partnership Property Address: 1019 lyanouah Road, Hyannis Assessor's Map/Parcel Map 294, Parcel 040 Area: 1.24 ac. Building Area: 14,244 sq. ft. Zoning: HB Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection Overlay District Background: The property that is the subject of this appeal is a.1,24 acre lot improved with a 28,000 sq. ft. office building. The property is located in an HB Highway Business Zoning District. Offices and banks are allowed as a Principal Permitted Use, allowed as-of-right in this district. Retail and other uses allowed in the B Business Zoning District are permitted as Conditional Uses in the HB Highway Business Zoning District with approval of a special permit. The applicant proposes to lease 3000 sq. ft. of space to the"Golf Market" shop, presently in the Festival Plaza. The Golf Market is proposing to use Units 1 &2 of the subject building. Unit 1 was previously used by Nutr-Systems, Unit 2 is vacant. The building was constructed in 1982 for retail and office uses. At the time it was constructed the area was zoned B- Business Zoning District. In 1983, the zoning changed to HB. The Building Commissioner has determined that there are grandfathering rights for 1500 sq, ft. of retail and any additional retail space will require a conditional use special permit for the retail use. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on November 25, 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 January 21, 1998, at which time the Board granted the request. Hearing'Summary: Board Members hearing this appeal were Gene Burman, Ron Jansson, Gail Nightingale, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Philip Magnuson represented the applicant, Roger Williams, who was present. Mr. Williams is President of Rebound, Inc., the general partner of the 1019 Property Limited Partnership, which owns the premises. Attorney Magnuson submitted a memorandum in support of this appeal and reviewed the background of the site. The applicant seeks to relocate the"Golf Market"to this new location and occupy 3,000 square feet. At least 1,500 square feet of the building has been used as retail and is grandfathered. However, a Special Permit is required to allow the 3,000 square feet of retail which the Golf Market requires. The applicant's predecessor acquired a rear lot for overflow parking. This rear lot is accessed by means of a driveway in the rear. Because there is only ten (10) feet between the rear of the 1019 Buildino and the lot line, the driveway encroaches upon the neighboring lot. The abutting parcel's fence was [intentionally] built back from the lot line to allow the continued use of the driveway. Attorney Magnuson Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-12 - The 1019 Property Limited Partnership Special Permit Pursuant to Section 3-3.6(3)(A)-Conditional Uses II submitted a letter from"The lyanough Village Condominiums" which grants the applicant permission to cross over that portion of their property. Including this rear lot, the site meets the Town's parking requirements. The proposal went to Site Plan Review and was found approvable with two conditions. One-the applicant must submit written documentation regarding the permitted use of the easement(which was done), and two-the rear parking lot must be fenced from residential use. Attorney Magnuson referred to the amended Site Plan which shows the required screening by means of a six foot stockade fence. The request that lighting be provided for the rear lot is also shown on the revised Site Plan. The fencing will, encompass three sides of the property. Attorney Magnuson reviewed the criteria for the Special Permit. The Golf Market is a specialty golf equipment supplier and as such is a destination store. The store is proposing to be open seven days a week on a year round basis. The hours in the summer are 9 AM to 8 PM but may stay open later if busy, therefore-the-traffic impact is diluted over a long period of time. A substantial portion of its business occurs after work hours or during weekends making it an off peak use. Because most businesses in this complex are closed during the peak operation of this particular unit; the traffic impact is insignificant. Furthermore, the average number of sales per day (during the busiest month) is 49, and the average number of sales per hour is 411,. For clarification, Mr. Williams reported that he built this building in 1982 and owned it until 1991 when he "lost" it to the bank. Since 1982, different businesses have rented the building for both retail and office use. The building has never requested - nor been granted -relief from the Zoning Board of Appeals. Mr. Williams purchased back the building in 1993. With reference to parking, there are 113 spaces provided. On the first floor, there will be 3,000 square feet of retail use which requires 15 spaces and 11,000 square feet of office use which requires 37 spaces. On the second floor, there will be 14,000 square feet of office which requires 47 spaces. Adding 6 spaces for the different tenants, the total requirement under the Zoning Ordinance is 105 spaces. There are a total of 113 spaces so there are 8 spaces more than required. Public Comments: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the Hearing of January 21, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-12: 1. The petitioner is The 1019 Property Limited Partnership. The property in issue is located at 1019 lyanough Road, Hyannis, MA as shown on Assessor's Map 294, Parcel 040. The building totals 14,244 square feet and is located in the HB Highway Business District and in the GP Groundwater Protection Overlay District. 2. The applicant is entitled to 1,500 square feet of retail use as a non-conforming use at this location and is seeking a Conditional Use Special Permit for an additional 1,500 square feet to allow the Golf Market to utilize a total of 3, 000 square feet of retail use. 3. The applicant has submitted plans and written documentation to justify both the parking and the fencing in accordance with the requirements of Site Plan Review and is in compliance with the conditions of their Site Plan Review Approval. 4. The applicant will comply with the Special Screening Standards for the HB Highway Business District. 5. The traffic impact for this proposal is considered negligible. 6. The proposed additional use of 1,500 square feet in this 28,000 square foot building would not substantially adversely effect the public health, safety, or welfare of the neighborhood affected. 7. The applicant has submitted documentation by letter-dated January 9, 1997 from Jim Curtis, Manager for Trustees, lyanough Village which grants access over property owned by lyanough Village. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-12 - The 1019 Property Limited Partnership Special Permit Pursuant to Section 3-3.6(3)(A)-Conditional Uses Decision: Based upon the findings a motion was duly made and seconded to grant the Petitioner the relief being sought with the following terms and conditions: 1. The property shall be developed according to the Revised Site Plan for 1019 Property Limited Partnership by Archi-Tech Associates dated 12/10/97. 2. A minimum 10-foot green strip shall be maintained along that portion of the subject lot abutting lyanough Road (Route 132). 3. Use of Units 1 &2 shall be for retail sales of golf equipment.and accessories only. 4. All signs must comply with the Town of Barnstable Zoning Ordinance. 5. The property must meet all requirements of the Building, Health and Conservation Divisions and the Fire District. 6. If access is no longer available to the rear lot over the property currently granted permission by the lyanough Village Condominium Trustee, the applicant must develop alternative access over Pine —. Needle-Lane. 7. The additional lighting required by Site Plan Review will comply with the Town standards and be noninvasive lighting. The Vote was as follows: AYE: Ron Jansson, Gene Burman, Gail Nightingale, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None Order: Special Permit Number 1998-12 has been 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) d ys after the date of the filing of this decision. A copy of which must be filed in the office of the Town Cle 1998 Emmett Glynn, 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. Signed and sealed this a� day of ram- 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk ON 4 'Fa Town of Barnstable ,oFTkerow Regulatory Services Thomas F. Geiler,Director BA ASS. LE, MASS. Building Division 1619. M � 0 pro MAC a� Tom ferry Building Commissioner 200 Main Street, Hyannis,MA 02601. Office: 508-862-4038 Fax: 508-790-6230 COMPLAIN VIN UIRY REPORT Date: /"O Rec'd b 1 Complaint Name: Zll)�l c'�,ap/P arc el �9 L� a Z2 U Location Address: 11Z 19 26 Originator Name: Street: Village: State: ��1� Zip: C� Z0o-5 Z- Telephone: Complaint Description: ),0/,/e z 41-2/2 2 _ 1� ��,� a i q FOR OFF.1 F: E ONLY Inspector's Action/Comments Date: I Inspector: k,4- UL rP 0 Additional Info.Attached it e �OFIME toy, Town of Barnstable Regulatory Services BARNSTABLE, 9 MASS. Thomas F. Geiler, Director 19 �ArEn +A,® Building Division Thomas Perry, CB® Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us office: 508-862-4038 Fax: 508-790-6230 September 24, 2010 1019 Property Ltd. Partnership 1019 Iyannough Rd. 1lyannis MA, 02601 Re: 31 Pepper Lane and 35 Pineneedle Lane,Hyannis Dear Sir: On September 14, 2010 this office received a complaint regarding water run-off from 31 Pepper Lane flooding the basement of 35 Pineneedle Lane. Site visits were made by this office and it was noted that there is no berm or any other kind of water diverter separating the two lots. Further, it was noted that vegetation separating the two lots and appearing in aerial photos has been removed.. Please be advised that these issues conflict with Zoning Ordinance 240-103-I and must be rectified immediately. Thank you in advance for your anticipated cooperation and please contact this office if there are any questions. Sincerely, Paul Roma Local Inspector I ` ,P B! s Town orBamstable-Zoning Board ofAppeak.Decision and Notice Appeal Number 1998-12 - The 1019 Property Limited Partnership Special Permit Pursuant to Section 3-3.6(3)(A)-Conditional Uses M1S�= Decision: Based upon the findings a motion was duly made and seconded to grant the Petitioner the relief being sought with the following terms and conditions: 1. The property shall be developed according to the Revised Site Plan for 1019 Property Limited ;r Partnership by Archi-Tech Associates dated 12/10/97. 2. A minimum 10-foot green strip shall be maintained along that portion of the subject lot abutting lyanough Road(Route 132). 3. Use of Units 1 &2.shall be for retail sales of golf equipment and accessories only. 4. All signs must comply with the Town of Barnstable Zoning Ordinance, 5. The property must meet all requirements of the Building, Health and Conservation Divisions and the Fire District. 6. If access Is no longer available to the rear lot over the property currently granted permission by the lyanough Village Condominium Trustee, the applicant must develop alternative access over Pine Needle Lane, 7. The additional lighting required by Site Plan Review will comply with the Town standards and be noninvasive lighting. The Vote was as follows: AYE: Ron Jansson, Gene Burman, Gail Nightingale, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None Order: Special Permit Number 1998-12 has been 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) ys after the date of the filing of this decision. A copy of which must be filed in the office of the Town Cle �, 1998 Emmett Glynn, 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. 1 Signed and sealed this 4:4?s day of 1998 under the pain P, ie Jury. We Linda Hutchenrider,Town Clerk 3 'I Map Page 1 of 1 Tow of Barnstable Geographic Information System New Search Home Help Pa rcel Viewer Custom Map Abutters Map Size ® Zoom Out 1l N V P 0 a 9 A lin Turn map layers on/off by )PG selecting check boxes below 28400 I - 204030 Sp N 9gB Iv Town Boundaries -1104032 CND - _ F Road Names tT N 1020 - r Voter Precincts j� e r Map&Parcel Numbers s .. 204026 CND U 204038 p973 (✓ rParcels r Y31 J I 294037 F (— FEMA Q3 Flood Zones(Old Maps) N36 _...] Will be Superceded In 2010 AE(100 yr Flood) AO(1D0 yr flood) .i I'M VE(100 yr Flood w/wave action) w 47.47 4 X500(500 yr Flood) � &k4 x 47. F Neighboring Towns � 20 104066 944 0 51 Fee r water r 204026 +' r Streams Set Scale 1"= 51 I Aerial Photos : [ MAP DISCLAIMER Copyright 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS Barnstable MA v1..2.3867[Production] 1 http://66.203,95.23 6/arcl*ms/appgeoapp/map.aspx?propertyID=29403 7 11/9/2010 Map Page 1 of 1 Town of Barnstable Geographic Information System New search Home Help Parcel Viewer Custom Map Abtte,,7 Map Size ® � Zoom Out a P P V fl fl B @ 1In n C ® JPG Map: 294 Parcel: 037 Full Property P rtY �+zi•�Iy: Location: 35 PINENEEDLE LANE Info Owner: CONDINHO,DONNA L TR Location Information s '•* Map&Parcel 294037 Location 35 P NENE DLE LANE I E Acreage 0.23 acres 294038 Current Owner — — — --- ---- �� tier. y I Mailing Address CONDINHO,DONNA L TR DAISY HILL REALTY TRUST 294037 , s�"t;xQ? i ta' � . 35 RIVER RD t '' p 35 - x. x•v E1 MARSTONS MILLS MA 02648 Appraised Value(FY 2010),. • - m Extra Features $0 Out Buildings $0 i Ala �Y; Land $70,600 w Buildings $91,100 Total Appraised $161,700 Assessed Value(FY 2010) Extra Features $0 Out Buildings $0 Land $70,600 110 i.51 Buildings $91,100 Set Scale 1"= 30 I April 2008 I MAP DISCLAIMER Total Assessed $161,700 Copyright 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or comments to GIB BarnstableMA v1.2.3867[Production] http://66.203.95.236/arcims/appgeoapp/map.aspx?propertyID=294037 11/9/2010 Map Page 1 of 1 Town of Barnstable Geographic Information System New Search Home Help Parcel Viewer Custom 7Mp F Abutters Map Size ® Zoom Out E j fl M g B fl E 11n Turn map layers on/off by _ 3 P G selecting check boxes below F t iP :4t� t r b` F7 Town Boundaries INa �y F Road Names F Voter Precincts r Map&Parcel Numbers Parcels I— FEMA Q3 Flood Zones(Old Maps) Will be Superceded In 2010 AE(100 yr flood) AO(100 yr Flood) L' t VE(100 yr flood w/wave action) ar Pc � .vt X500(500 yr flood) S rv— Neighboring Towns 3a +i x I f Water Streams Set Scale 1° = 30 I April 2001 — I MAP DISCLAIMER Copyright 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS Barnstable MA 0.2.3867'Production] http://66.203.95.23 6/arcims/appgeoapp/map.aspx?propertyID=294037 11/9/2010 ' General Code E-Code: Town of Barnstable, MA Page 85 of 97 § 240-103. Site development standards. [Amended 11-15-2001 by Order No. 2002-029] A. A reasonable effort shall be made to conserve and protect natural features that are of some lasting benefit to the site, its environs and the community at large. B. Slopes which exceed 10% shall be protected by appropriate measures against erosion, runoff, and unstable soil, trees and rocks. Measures shall be taken to stabilize the land surface from unnecessary disruption. Such stabilization measures shall be the responsibility of the property owner. C. The placement of buildings, structures, fences, lighting and fixtures on each site shall not interfere with traffic circulation, safety, appropriate use and enjoyment of adjacent properties. D. At any driveway, a visibility triangle shall be provided in which nothing shall be erected, placed, planted or allowed to grow so as to materially impede vision from within motor vehicles between a height of three feet and eight feet above the average center-line grades of the intersecting street and driveway, said triangle being bounded by the intersection of the street line and the edges of a driveway and a line joining points along said lines 20 feet distant from their projected intersection. E. Adequate illumination shall be provided to parking lots and other areas for vehicular and pedestrian circulation. In no case shall freestanding illumination devices be installed to a height exceeding 15 feet in a residential district. All illumination shall be directed and/or shielded so as not to shine beyond the perimeter of the site or interfere with traffic. F. All areas designed for vehicular use shall be paved with a minimum of either a three-inch bituminous asphalt concrete, a six-inch portland cement concrete pavement, or other surface, such as brick, cobblestone or gravel, as approved by the Town Engineer. G. All parking spaces shall be arranged and clearly marked in accordance with the parking lot design standards contained in §240-104 herein. Signs and pavement markings shall be used as appropriate to control approved traffic patterns. H. All utility service transmission systems, including but not limited to electrical, telephone, cable and other communication lines, shall, whenever practicable, be placed underground or moved behind buildings. I. All surface water runoff from structures and impervious surfaces shall be disposed of on site, but in no case shall surface water drainage be across sidewalks or public or private ways. In no case,shall surface water runoff be drained directly into wetlands or water bodies. Drainage systems shall be designed to minimize the discharge of pollutants by providing appropriately designed vegetated drainage channels and sedimentation basins that allow for adequate settling of suspended solids and maximum infiltration. Dry wells, leaching pits and other similar drainage structures may be used only where other methods are not practicable. All such drainage structures shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants. All calculations shall be for a twenty-year storm and shall be reviewed by the Town Engineer. J. In addition to the provisions of this section, all other applicable requirements of this chapter shall be complied with. K. Storage areas. Exposed storage areas, machinery, garbage dumpsters, recyclable storage, service areas, truck loading areas, utility buildings and structures shall be screened from view of abutting properties and streets using planting, fences and other methods compatible with this chapter. Garbage dumpsters shall be located in designated areas, and where feasible, shared with other uses. §240-104. Minimum parking lot design standards. (Editor's Note: See drawings at the end of this chapter.) §240-105. Required procedures for site plan review. A. At least six copies are required of all site plan sheets, drawings and written.information.Submissions shall be delivered to the Building Department. B. Within five working days of receiving a site plan, the Building Commissioner or his designee shall distribute copies of the site plan to the Department of Planning and Development, the Department of Public Works and the Board of Health. C. Upon receipt of a site-plan from the Building Commissioner or his designee, the agencies as noted in ' _n V v �. i a 1 ' r � I Town of Barnstable Regulatory Services M 9 " Thomas F. Geiler, Director 1639..�p`0 Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 September 24,20.10 1019 Property Ltd. Partnership 1019 Iyannough Rd. Hyannis MA,02601 Re: 31 Pepper Lane and 35 Pineneedle Lane,Hyannis Dear Sir: On September 14,2010 this office received a complaint regarding water run-off from 31 Pepper Lane flooding the basement of 35 Pineneedle Lane. Site visits were made by this office and it was noted that there is no berm or any other kind of water diverter separating the two lots.Further, it was noted that vegetation separating the two lots and appearing in aerial photos has been removed. Please be advised that these issues conflict with Zoning Ordinance 240-103-1 and must be rectified immediately. Thank you in advance for your anticipated cooperation and please contact this office if there are any questions. Sincerely, FCIL-� , Paul Roma Local Inspector