HomeMy WebLinkAboutSR-2023-015 Bartolomei 4631 Falmouth Rd COT SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2023-015 – Bartolomei
240-94 B. Expansion of a preexisting nonconforming use
240-53 B. (1) Side Buffer
240-53 C. 10% Interior Island
To allow the expansion of restaurant parking in to the existing vacant gravel area
Date: July 25, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Jay Bartolomei
Property Owner: Chef J LLC
Property Location: 4631Falmouth Road, Cotuit, MA
Assessor's Map/Parcel: 024/157
Zoning: Residence F (RF) Zoning District
Filed: June 29, 2023 Hearing: August 9, 2023 Decision Due: October 10, 2023
Copy of Public Notice
Jay Bartolomei d/b/a Chef J LLC has applied for a Special Permit in accordance with Section 240-
94 B. Expansion of preexisting nonconforming use, Section 240-53 B. (1) Side Landscape Buffer
Setback, and Section 240-53 C. 10% Interior Landscaped islands. The Applicant proposes to use
an existing vacant gravel area on the parcel as an expansion of parking for the existing restaurant.
The restaurant is located on Lot 2 and the gravel lot is located on Lot 1 of Plan Book 278 Page 18.
The two lots have been in common ownership. The subject property is located at 4631 Falmouth
Road, Cotuit, MA as shown on Assessor’s Map 024 as Parcel 157. It is located in the Residence F
(RF) Zoning District.
Background
The subject property consists of 2.28 acres with frontage on Falmouth Road/Route 28 in Cotuit,
MA. According to the Assessors records, the site consists of a 5,848 square foot restaurant
constructed in 1790 and a large parking area at 4631 Falmouth Road, Cotuit. The area consists of
a variety of lot sizes and both residential and commercial uses.
Previous Zoning Board of Appeals actions:
Special Permit No. 1981-56 allowed the re-institution of prior nonconforming uses and change of
existing nonconforming use from an interior decorating studio and gift shop to a restaurant.
Special Permit No. 1988-51 allowed the modification of previous Special Permit to increase
seating to 116.
Proposal & Relief Requested
Jay Bartolomei d/b/a Chef J LLC has applied for a Special Permit in accordance with Section 240-
94 B. Expansion of preexisting nonconforming use, Section 240-53 B. (1) Side Landscape Buffer
Setback, and Section 240-53 C. 10% Interior Landscaped islands. The Applicant proposes to use
an existing vacant gravel area on the parcel as an expansion of parking for the existing restaurant.
The restaurant is located on Lot 2 and the gravel lot is located on Lot 1 of Plan Book 278 Page 18.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2023-015 – Bartolomei
2
The two lots have been in common ownership. The subject property is located at 4631 Falmouth
Road, Cotuit, MA
Special Permit Findings
For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C).
The Board should review the evidence presented by the Applicant, staff, and members of the
public and, after weighing such evidence, is encouraged to articulate if and how the evidence
contributes to each of the required findings.
1. The application falls within a category specifically excepted in the ordinance for a
grant of a special permit. Section 240-94 B. allows for a Special Permit.
2. After an evaluation of all the evidence presented, the proposal fulfills the spirit and
intent of the Zoning Ordinance and would not represent a substantial detriment to
the public good or the neighborhood affected.
3. A Site Plan has been reviewed and found approvable with conditions. Site Plan
Review is not required.
Further Section 240-94 B. requires the Board to find that:
4. Any proposed expansion of the use shall conform to the established setbacks for
the zoning district in which it is located, or such greater setbacks as the Zoning
Board of Appeals may require due to the nature of the use and its impact on the
neighborhood and surrounding properties.
5. The proposed use and expansion is on the same lot as occupied by the
nonconforming use on the date it became nonconforming.
6. The proposed new use is not expanded beyond the zoning district in existence on
the date it became nonconforming.
7. At the discretion of the Zoning Board of Appeals, improvements may be required in
order to reduce the impact on the neighborhood and surrounding properties
including but not limited to the following:
(a) Greater conformance of signage to the requirements of Article VII;
(b) The addition of off-street parking and loading facilities;
(c) Improved pedestrian safety, traffic circulation and reduction in the number and/or
width of curb cuts;
(d) Increase of open space or vegetated buffers and screening along adjoining lots
and roadways. The applicant shall demonstrate maximum possible compliance with
with § 240-53, Landscape Requirements for Parking Lots, Subsection F, if applicable.
§ 240-53, Landscape Requirements for Parking Lots
B. In all office and commercial districts, a parking lot shall conform to the following requirements:
(1) The surfaced area of a parking lot and all entrance and exit drives shall be set back from the
side and rear lot lines, by a landscaped buffer, as follows:
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2023-015 – Bartolomei
3
(2) A ten-foot minimum, landscaped perimeter buffer shall be maintained between a building and
the surfaced area of a parking lot or drive, except at entrances, building loading and utility
locations. A walkway may be located within the landscaped perimeter buffer, provided that the
landscape area is not reduced to less than 40% of the area of the perimeter buffer.
(3) Screening from residential districts: Where a parking lot containing five or more spaces abuts a
residential district, or is located across the road from a residential district, it shall be screened as
follows: (a) retention or planting of a sufficient area of natural vegetation to provide a dense
screen; and/or (b) a dense hedge providing year-round screening, and/or (c) where vegetative
screening is not practical, a fence, with not more than 50% open space between the panels. Such
screening shall be maintained in good condition at all times, and no advert ising shall be placed
upon the screening. In an Historic District, fences and hedges may be subject to other regulation.
C. In all office and commercial districts, at least 10% of the interior of a parking lot with 21 or more
parking spaces shall be landscaped. Planting along the perimeter of a parking area shall not be
considered as part of the 10% interior landscaping. Interior landscaped islands shall be distributed
throughout the parking lot. At least one tree with a minimum three-inch caliper or larger shall be
provided per eight spaces or any portion thereof, located within interior landscaped islands.
Existing naturally occurring trees in good condition located in landscaped islands shall be credited
towards this requirement only in those areas where the existing trees are located. No landscaped
island shall have an overall width of less than six feet, except that in parking lots with 51 or more
parking spaces, the overall width of islands shall be no less than 10 feet. A walkway may be
located within an interior landscaped island, provided that the walkway is separated from the
surfaced area of the drive or parking lot by a minimum of four feet of landscaped area. The interior
landscape requirements of Subsection D herein shall not apply to parking lots used for sale and/or
display of motor vehicles.
F. The preceding requirements of this § 240-53 shall not apply to parking lots constructed and in
use prior to March 11, 1999, which conformed to all applicable regulations when established,
except whenever there is:
(1) An expansion of an existing parking lot containing 21 or more parking spaces; and/or
Landscape Buffer Setbacks (in feet)
to Parking Lots and Drives
Zoning District Side Rear
B-1 Business 5 5
HO Highway Office 10 20
MA-1 Business — 5
MA-2 Business 5 5
O-1, O-2, O-3 Office 5 5
OR Office Residential 5 10
PR Professional Residential 5 5
All other office and commercial districts 10 10
Uses requiring 5 or more spaces in single -family residential districts 10 10
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2023-015 – Bartolomei
4
(2) An alteration of a structure, or a change or extension of a use created prior to March 11, 1999,
which increases the parking requirements by five or more spaces according to the standards of
§ 240-56, Schedule of Off-Street Parking Requirements;
The entire parking lot shall be brought into compliance with § 240-53 herein; and the front yard
landscaped setback requirement, if any, in accordanc e with the applicable zoning district bulk
regulations. For the purpose of this subsection only, a development containing several different
business enterprises sharing a common parking lot or lots shall be considered to be one use.
(3) Reduction of parking and/or landscape buffers for parking lots created prior to March 11, 1999.
The number of parking spaces required in § 240-56 may be reduced by the number of spaces lost
to the installation of landscape buffers and traffic islands. Alternatively or in addition thereto,
landscape buffers and islands may be reduced sufficient to ensure the creation of a functional,
attractive parking lot, subject to approval of site plan review. This provision shall only apply to
parking lots subject to § 240-53F herein.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2023-015, a request to use the adjacent gravel
area for parking at 4631 Falmouth Road, Cotuit, MA, it may wish to consider the following
conditions:
1. Special Permit No. 2023-015 is granted to Jay Bartolomei, owner Chef J LLC, in accordance
with Section 240-94 B. Expansion of preexisting nonconforming use, as well as relief from
Section 240-53 B. (1) Side Landscape Buffer Setback, and Section 240-53 C. 10% Interior
Landscaped islands. The Applicant shall use an existing vacant gravel area on the parcel as an
expansion of parking for the existing restaurant as presented in the applicaito and materials
provided. The restaurant is located on Lot 2 and the gravel lot is located on Lot 1 of Plan Book
278 Page 18. The two lots have been in common ownership. The subject property is located at
4631 Falmouth Road, Cotuit, MA
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan of Land at 4631 Falmouth Road, Cotuit, MA” by Down Cape Engineering, Inc dated
May 26, 2023.
3. The proposed alteration of use shall represent full build-out of the lot. No further changes shall
be permitted without approval from the Board.
4. This decision shall be recorded at the Barnstable County Registry of Deeds and copies of the
recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building
Division prior to issuance of a building permit. The rights authorized by this Special Permit
must be exercised within two years, unless extended.
Copies: Applicant (c/o Dan Ojala, Down Cape Engineering, Inc)
Attachments: Application
Plans
Special Permit No.1981-56, Modification of Special Permit No. 1988-51