Loading...
HomeMy WebLinkAbout0790 IYANNOUGH ROAD/RTE132 - CAPETOWN PLAZA ANY LETER 7yo ri ,,�W ; r 0 P l ��_�� r � �! � CI' ' � 1 1 i I � ��I .., - 'a' _.-��__ � , _ �� ��; �I, 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 MICHAEL D.FORD _mdfesq laverizon.net JEFFREY M.FORD June 7, 2011 Tom Perry, Building Commissioner Town of Barnstable 200 Main Street 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 to permit a retail home finnishings and accessory decorating store of 25,724 sq.ft. Parking 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 BB 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-Your 1Vlichael D. Ford Acknowledged and Agreed to this day of June, 2011. To erry, Building Commi ion 2 The Planning & Zoning Resource Corporation 100 NE 5th Street • Oklahoma City,.Oklahoma 73104 PZR: Telephone (405) 840-4344 • Fax (405) 840-2608 REPORT Toll Free (800) 344-2944 • Toll Free Fax(888) 523-9008 Please fax to my direct fax number 405-418-2634/405-595-3629 To: Robin Anderson Fax: 508-790-6230 Email: robin.anderson@town.barnstable.ma.us Date: 05/27/2011_ Subject: Zoning Letter and Applicable Documents Ref. Number:. 55634-1 RE: Capetown Plaza Shopping Center, 712,714,768,790,793 Lyannough Rd and 291 Barnstable Barnstable, Massachusetts Add'I Info: Map 311, Plot 92 a Attached is our request for zoning information on the above-described property. Please copy it onto your letterhead, provide the requested information sign and return to me via either my direct fax, shown above or via email to kimd@pzr.com/valinda.hellums@pzr.com. - It is my understanding that there will be fees associated with this request. Please be advised that the total fees are not to exceed$10.00 zvl and 75.00 without my approval. If you should expect the fees to exceed this amount, please notify me as soon as possible. Furthermore, any additional costs. associated with this request must be approved,in writing, prior to their incurrence. Thank you in advance for your time and consideration on the above matter. If there are any questions you are unable to answer please let me know who I should contact. If you have any questions or concerns, do not hesitate to contact me at the toll free number 800-344-2944, extension 3265/3263. You may also reach me by email at: kimd@pzr.com/valinda.hellums@pzr.com. Sincerely, Kim Dunn/Valinda Hellums (PLEASE,COPY ONTO YOUR LETTERHEAD) The Planning&Zoning Resource Corporation 100 NE 5th Street Oklahoma City,OK 73104 05/27/2011 ATTN: Kim Dunn/Valinda Hellums Ref. No. 55634-1 712,714,768,790,793 Lyannough Rd and 291 Barnstable Barnstable, Massachusetts Add'I Info. Map 311, Plot 92 RE: Capetown Plaza Shopping Center What is the current Zoning of the property? What are the abutting zoning designations? North South East West Was this a Planned Unit Development? If so, could we please get a copy of the PUD? Is the property in any special, restrictive or overlay district? Is this site in compliance with the current Zoning Ordinance? y Are there any legal nonconforming issues? Was this property granted any variances,special exceptions,conditional use permits,or zoning relief of any kind? If so, please provide a copy of all the documents. If copies are unavailable,would you briefly outline the conditions of the applicable document(excluding signage)? To the best of your knowledge,do your records show any unresolved zoning code,violations? Yes,there are open violations on:file in our records. (See attached list and/or,copies/cases) ❑ No,there are no open violations on'file in our records. 'Please note,this request is for open violations of which you are aware. PZR is not requesting an inspection be made. Was this property developed with Site Plan approval? If so,could we get a copy of the approved plan and/or conditions,which includes information pertaining to: use, density,setbacks, height and parking?: Were Certificates of Occupancy issued? If so,please provide all available copies. If copies are unavailable, please fill out our attached form letter. Please call the undersigned at extension if you have questions or concerns. Sincerely: Name: Title: „„ t Message Page 1 of 1 Anderson, Robin From: Anderson, Robin Sent: Monday, July 18, 2011 9:29 AM To: 'Mary Albrecht' Subject: RE: Capetown Plaza shopping center In response to the referenced discussion with the client manager and in conjunction with your request, I am required to inform you that I do not have a file for the following street numbers that you have provided: 712, 714 &768. As a result, I am unable to comply with your request. It is common practice for stores to, create and use a mailing address of their own even though the entire plaza is one lot and legally has only one parcel number. I must also state that at no time was the CC Mall confused with the Capetown plaza (You identified 793'Iyannough Road and that is the address for the CC Mall.)Additionally, you submitted 291 Barnstable and I previously informed you that this lot was developed for a bank use. That information was emailed to you on an earlier date. It may help you to understand that 30 inches of file space has been dedicated to the Capetown plaza as a new file is created by store name at the time every new permit is issued. So as you can see, your request is not so simple. Quite frankly, the law did not require us to maintain permits on file until well,into the 1980's so our information maybe inconsistent or unavailable. We have responded to your request with the information available to us to best of our knowledge and ability. If you are looking for a specific store front please provide us with the current or at least previous name of the subject store. Robin C. Anderson Zoning'Enforcement Officer Town of BarnstabCe a 200 -%lain Street Hyannis, M.A 026oi 5o8-862-4027 -----Original Message----- From: Mary Albrecht [mai Ito:Mary.Albrecht@pzr.com] Sent: Friday, July 15, 201.1 5:25 PM To: Anderson, Robin Subject: Capetown Plaza shopping center I sat down with the client manager and we went thru the property file we have. I am going to send you the survey that shows the property we are requesting documents for and the original request we sent. We were looking and realized that the property you thought we meant was the one across the street, the Cape Cod Mall. We are researching the Capetown Plaza.- We also received certificates of occupancy for 790 Lyannough Rd, but we were trying to see if there were any for 712, 714,768, and 793. Let me know if this makes sense and if everything is copasetic. Thank you, 911aryLynnACdrecht PCanning and Zoning Resource Corporation 100 9VE 5th St. OKC, OX 73104 800-344-2944 Ext. 3281 _ (Ta (405)595-3628 9rlary.Af6recht@pzr.com 7/18/2011 AL TA/ACSM LAND TITLE SURVEY o PLAN OF LAND ZONING DATA ITEMS CORRESPONDING TO SCHEDULE B STATEMENT OF ENCROACHMENTS N ,N SEC710N 2 — EXCEPTIONS - m HYANNIS, MASSACHUSETTS PREPARED FOR ®o^1e« rem e.«ua m eeuco er<roarervr ro uwz ©"'vie CAPE LLCr� SCALE AS NOTED SEP7EAIBER 25,2008 = - - oQ avxro u,c«r«as cross oe•rorenar�vvrnur mr.a«oe•.anaa www^ HA YWARD—BO YNTON & WHAMS. INC. LAND SURVEYORS C1117L ENGINEERS 60 COURT ST. TAUNTON, MASS TEL. 508-822-9870 FAX 508-880-8891 O un nraEP'wvaoesw uemerwespn vM_ ro/M/1rK"Tm[M. 2aC 1leM ao' RO 69/RW wVl coladlllR.w«£.a1�al GShal/�Prvut<w[✓IIS MD RM - •. ,. .O P<��Ir rp SrwweYv w rArYgn n.¢le . ,. -. NVYGV 9�ae-Y - _ De EI[Ceee mwIIa'e�cvano/x FaIIrCr. W(Paoro6wrAfeAYfMOWrvfwC MISCELLANEOUS NOTES - ornwvnw.roro w+va,w ao>�e r cocus jj LEGAL DESCRIPTION . .. nuevaov nwa (aou.r r.u) O mw.c zeAr== cr o awcrwf4°`" aw�a.,m, ' �� _ w've er s<o<wvt�er�uruva wcwe��rwa«a ssa'r LOCUS MAP SCALE 1 JOO' ry n+pe�ne hsem�mr.... mfrr a, " pins••��d la tnr�4�SYm_ _a.smrmv ��✓.0.s OnmF f't pm.be�� +erM rmer•+rorb<y.a nxS�b bogs ..e..[mar .. _(m.✓w.m�r vm.mr'A rror s jV wusm'�i�.rm.wmr;m w y - ry m rr+m"w ms w✓ne vma✓nsF.rmv e.. ... s mp i .vo.e sate rxw rr warxoaasw un.ms r.rc-n nuu<rnr ersr �vuna�usaa<"rKw un is.vor waw,wrra m ec cae- i n[rL nw nu ut cv wvvumv uwm's.rFE grow. 3 SHEET 1 OF 2 61286 Od e�' (PLEASE COPY ONTO YOUR LETTERHEAD) 5/27/2011 Add'I Info: Map 311, Plot 92 RE: Capetown Plaza Shopping Center 712,714,768,790,793 Lyannough Rd and 291 Barnstable Barnstable,Massachusetts . Ref. No. 55634-1 Based on our records[choose one]: EJA valid final certificate of occupancy has been issued and is now outstanding for the Project. For any certificate of occupancies not found,the absence of a certificate of occupancy for the Project will not give rise to any enforcement action affecting the Project. (See Attached Copy Issued) ECertificates of Occupancy are not required. Final Building Permits have been issued and are now outstanding for the Project. (See Attached Copy Issued) Certificates of Occupancy for projects constructed prior to the year. are no longer on file with this office. The Project was constructed in The absence of a certificate of occupancy for the Project will not give rise to any enforcement action affecting the Project. A certificate of occupancy for the Project will only be required to the extent of any construction activity(such as restoring, renovating or expanding the Project or any part thereof). El We are unable to locate a certificate of occupancy for the Project from our records. We have evidence in our records, however, one was issued and has been subsequently lost or misplaced. The absence of a certificate of occupancy for the Project will not give rise to any enforcement action affecting the Project. A certificate of occupancy for the Project will only be required to the extent of any construction activity, restoring, renovating or expanding the Project or any part thereof. aThis site is still being constructed. The absence of a certificate of occupancy for the Project will not give rise to any enforcement action affecting the Project. A certificate of occupancy for the Project will be issued when all final inspections have been passed. Please call the undersigned at extensione. if.you have questions or concerns., Sincerely: Name: Title: