HomeMy WebLinkAbout0790 IYANNOUGH ROAD/RTE132 - CAPETOWN PLAZA ��.���-
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LAW OFFICES OF MICHAEL FORD
ATTORNEYS AT LAW
72 MAIN STREET, P.O. BOX 485
WEST HARWICH, MA 02671
TEL (508)430-1900 FAX(508)430-9979
mdfesql@verizon.net
MICHAEL D.FORD
JEFFREY M:FORD
June 7, 2011
Tom Perry, Building Commissioner
Town of Barnstable
200 Main Street A
Hyannis, MA 02601
Re: Cape Town Plaza(aka The KMart Shopping Plaza), Route 132, Hyannis, MA
Dear Mr. Perry:
I am writing with respect to the compliance of the above-referenced property with the
use,parking, and setback provisions of the Barnstable Zoning Ordinance. The property is shown
on the Barnstable Assessor's Map 311 as Parcel 92 and contains approximately 27.31 acres. The
shopping plaza contains six buildings with parking, landscaping, and other associated site
improvements (including an ATM machine). The shopping plaza contains both retail and
restaurant uses.
Use
The property is located in two zoning districts; the Business zone (B) and the Highway
Business zone (HB). The Locus is also located in the Groundwater Protection Overlay District
(GP).
Under §240-21, retail use is permitted in the B District as a matter of right. Under §240-
25 (A)principal permitted uses in the HB zone are offices and banks. Under §240-25(B) any use
permitted in the B District is permitted in the HB District upon the issuance of a conditional use
special permit from the Zoning Board of Appeals (ZBA). The GP District permits any use
permitted in the underlying zoning district except uses specifically prohibited in §240-35 F. (2).
The HB District was adopted in 1987. All the buildings,together with the uses thereof
for retail and restaurant uses, except for the former Filene's Home Store, were in existence prior
to 1987, i.e. before the adoption/enactment of the HB District. Accordingly,these uses would be
grandfathered from the requirement of a conditional use special permit for the uses in the HB
District. Further changing from one retail tenant to another retail tenant, or from one restaurant
tenant to another restaurant tenant would not require a special permit.
With respect to the Filene's Home Store, in 2002 the ZBA issued The May Department
Stores/dba Filene's Home Store a Conditional Use Special Permit No. 2002-47 t p o permit a retail
home furnishings and accessory decorating store of 25,724 sq.ft.
Parkin
The Zoning Ordinance §240-56 requires for retail, consumer service 1 space for every
200 sf of Gross Leasable Area(GLA) + 1/separate entrance. Restaurants require 1 space for
every 3 seats+ 1/every 2 employees+ 5/take-out area. For"all other uses"the parking is "as
determined by the Building Commissioner." It is my understanding that the Building
Commissioner has determined that large shopping plazas containing both retail and restaurant
uses fall under"all other uses", that their applicable parking requirements are 5 spaces for every
1000 sf of GLA, and that this is the applicable parking requirement for the subject shopping
property.
Setbacks
In the B District and the HB District the front yard setback on Route 132 is 100 feet. The
buildings in the shopping plaza do not comply with the 100 foot setback requirement. However,
all the buildings were in existence prior to the adoption of the HB District in 1987 and are
therefore grandfathered from the 100 foot setback requirement.
If you agree with the conclusions that I have set forth in this letter I would appreciate it if
you would please acknowledge your assent by countersigning this letter below. Thank you for
your attention to this matter and please do not hesitate to call if you have any questions.
Very truly ur
Michael D. Ford
Acknowledged and Agreed to this. day of June,.2011.
ToiftrVerry, Building Commi ion
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