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HomeMy WebLinkAbout1989-013J G i 1989-13 ROBERT & LAURA WILLIAMS 311 09 uo cn a E M U 00 Q Z rn a Q r-+ F--I 1 z Pq W 27 i 17 f W a a s 1989-13 ROBERT & LAURA WILLIAMS f i 11 1!! r 1 If C i vw U-BAxnsi-nlsc Zoning Board of Appeals NOTICE OF PUBLIC HEARING a' UNDER ZONING BYLAWSt.• Meeting of March 23;1989 To all Persons deemed interested or affected by the Board of Appeals;tinder' Sic, I I of Chap.40A of General Laws of the Commonwealth of Massachusetts{1 1 and all amendments:thereto'•YOU ateI, ,,hereby notified that! VY,iA?i i Appeal No.1989.19'1tt'i,f f 7:30 P.M{ Y,Ronald Rufo & Jame,Silva 'have jy.appealed a decision of the BuildingfInspector-and petition for a special permit under Section 4-4.2,to allow an y,addition to a non-conforming building at Map 306,Lot 50,327 Sea Street' lj Pyannis in an RB zoning district,lr,:".,` j,A Public Hearing will.be he1.r4PPCthls,d petition at,7:30 P.M.r ,' •« JjAppeal No.1989-20, v, ,•7AS.P.M. ; Michael B.O'Neil has appealed to the v Zoning Board of Appeals and petitions ,;i for4 Variance under Sections 3-1.3and A 2-3.4,Bulk Regulationsand Lot Shape Factor at Map 118,Lot 41, 194 Pond Street, Oster, ville'in an:P, zoningt district. ` -: r '•i_i!tr.•:?i J?7t -I.,C i. < t:"A Public'Hearing will be held'oti.`. c this petition at 7:45 P.M.^''_,..g:': ' Appeal No.1989-21%-A'.?i:.:8:00 P.M. Frederick 'Conant &" Nynex Communications,Incorporated have ' appealed to the Zoning Board of Appeals a.and petition for a Variance under Section 2-3.1. Use Regulations and Section I 3-1.4,RC-I &RF districts to allgw a 160'mobil communications tower and' accessory building at Map 194,ParcelIOWB & IOCO, at Off Service Road,;` West Barnstable in an RFzoning district. JA Public Hearing will be held on this t petition at 8:00 P.M. 5 Appeal No.1989-22 8:15 P.M. Parallax Corporation has appealed to the Zoning Board of Appeals and petitions fora Special Permit pursuant,,', 7.to Section 3-3.1(3)(B)to allow an 18- tole putting course at Map 327, Lots q-154&253,Center Street,Hyannis.in s ' Business zoning district. A Public Hearing will be held on this petition at 8:15 Appeal No.1989-13 8:30P.M. Robert & Laura!Williams have. Appealed a decision of the Building Inspector and petition fora Variance v under section '3-5.2,.(6) (D) Site Clearings,to allow the construction of a 16,448 square foot building to house a ;.'. bank and office space at Map 294,Lot 10, at the comer of Airport Road & Route 132, Hyannis in a Highway 2'Business,Business and Industrial zoning ' district I'A Public hearing will be held on this 6 petition at 8:30 P.M.''- VI ' `' " Appeal No.1989.14 , • 8:45 P.M. Robert & Laura,Williams have r.appealed a decision'of the Building '< 1.Inspector and petition for a Special. '! Permit under Section 3-3.6(3) (A), and Section 4-2.8, ' Parking Regulations,to allow the construction " I of 416,40 squarefoot building tohousd- a bank anc1.office space;io..inclurde:.fi drive-up automade tellei,at Map 294;': Lot 10 at the comet of Airport Road tit i;Route 132, Hyannis in a Highway_ 1• Business,Business and Industrial zoning i ,district. A Publle.Hearing will be held on ' this petition at 8:45 P.M. These Hearings willbe held in these cond floor hearing room, New Town Hall 367 Main Street,Hyannis on Thursday evening,March 23. 1989. You are invited to be present By order of the Zoning Board of Appeals` ! Ron S.Jansson,Chairmar,ti.f fiZoning,Board of.App-ala; The Barnstable Patriot March 9&16, 1989 s j t' FINDINGS OF FACT: Based upon the information submitted, the Zoning Board of Appeals, by a motion duly made and seconded, made the following findings of fact: 1 the lot is in three zoning districts which create circumstances relating to the land that do not generally affect other lots in the zoning district; 2 a literal enforcement of the zoning bylaw would constitute substantial financial hardship to the petitioner by severely restricting commercial use of commercially zoned land; 3 the use of the property as intended by the petitioner would not derogate from or nullify the intent of the zoning bylaw because the site is on a major commercial road and is surrounded by commercial uses. The vote on the findings of fact was a follows: AYES: BLISS, BURLINGAME, NIGHTINGALE, JANSSON NAYES: NONE Based upon the information submitted and the findings of fact, at a meeting held on April 27, 1989, by a motion duly made and seconded, the Board voted to grant a variance with the following conditions : 1 the .gross floor area, exclusive of storage space, of the building be reduced in size by twenty-five (25) percent; 2 use of the proposed office space be restricted to the bank and its employees with the understanding that the present tenant shall not lease, sublease, or in any way allow the office space to be used by any other occupant; 3 that use of the basement and attic be restricted to dead storage; 4 plans and building elevations which show a twenty-five percent reduction in size of the buildings and which reflect appropriate changes in the site layout be submitted to the Site Plan Review committee for their approval and to the Zoning Board of Appeals; 5 such plans as described in condition #4, above, be prepared and submitted within 60 days of the filing of this decision. Any person aggrieved by this - decision may appeal to the Barnstable Superior Court , as described In Section 17 of Chapter 40A of the. General Laws of the Commonwealth of Massachusetts by filing a complaint In said Court as well as notice of action with the Barnstable Town Clerk , within twenty ( 20) days after the filing of this decision in the office of the Town Clerk. Chairman, cy Zoning Board of Appeals Town of Barnstable 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 day of 19_ _under the pains of perjury. Town Clerk DISTRIBUTION: Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public Information Board of Appeals EXHIBIT A TOWN OF BARNSTABLE ZONING BOARD OF APPEALS11 P F' .LQ VARIANCE DECISION AND NOTICE APPEAL ## 1989-13 PETITIONERS: ROBERT AND LAURA WILLIAMS At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals, held on March 23 , 1989, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts, the petitioners, Robert and Laura Williams, through attorney Gerald Garnick, petitioned the Board for a variance pursuant to Barnstable Zoning Bylaws, Section 3-5.2 (6) (D) , Site Clearing in a Groundwater Protection Overlay District. The petitioners seeks a variance to allow the construction of a 16,448 square foot building to contain a bank with an automated drive-up teller, office space and fifty-one (51 ) associated parking spaces. The proposed project is located in a Groundwater Protection Overlay District and Section 3-5.2 (6) (D) of the zoning bylaw requires that a minimum_ of thirty (30) percent of the total upland area of any lot be retained in its natural state, with only limited se.lective. cutting of trees and clearing of understory shrubs and groundcover allowed. The petitioners contend that such a restriction would be detrimental to their project; that their lot is unique because it is located in three zoning districts and a literal enforcement of the zoning bylaw would involve substantial hardship to anyone seeking to make use of the property for the commercial purpose for which it is zoned; and, that- use of the property for commercial purposes does not substantially. derogate from the intent of the bylaw because the area is zoned for commerce and the property is surrounded by commercial uses and the lot. has already been substantially cleared. FINDINGS OF FACT: Based upon the information submitted, the Zoning Board of Appeals, by a motion duly made and - seconded, made the following findings of fact: 1 the lot is in three zoning districts which create circumstances relating to the land that do not generally affect other lots in the zoning district; 2 a literal enforcement of the zoning .bylaw would constitute substantial financial hardship to the petitioner by severely restricting commercial use of commercially zoned land; 3 the use of the property as intended by the petitioner would not derogate from or nullify the intent of the zoning bylaw because the •site is on a major commercial road and is surrounded by commercial uses. . The vote on the findings of fact was a follows: AYES: BLISS, BURLINGAME, NIGHTINGALE, JANSSON NAYES: NONE Based upon the information submitted and the findings of fact., at .a meeting held on April 27, 1989, by a motion duly made- and seconded, the Board voted to grant a variance with the following conditions : 1 the gross floor- area, exclusive of storage space, of the building be reduced in size• by twenty-five (25) percent; 2 use of the proposed office space be restricted to the bank and its employees with the understanding that the present tenant shall not lease, sublease , or in any way allow the office space .to be used by any other occupant ; 3 that use of the basement and attic be restricted to dead storage; 4 plans and building elevations which show a twenty-five . percent reduction in size of the buildings and which reflect appropriate changes in the site layout be submitted to the Site Plan Review committee for their approval and to the Zoning Board of Appeals ; 5 such plans as described in condition #4, above, be prepared and submitted within 60 days of the filing of this decision. AYES: BLISS, BURLINGAME, NIGHTINGALE, JANSSON NAYES: NONE I I, Vim.. «. r .< _.. ....-! TOWN OF BARNSTABLE ZONING BOARD OF APPEALS 'Eq MMY 11 P d _29 VARIANCE DECISION AND NOTICE APPEAL ## 1989-13 PETITIONERS: ROBERT AND LAURA WILLIAMS At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals, held on March 23, 1989, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts, the petitioners, Robert and Laura Williams, through attorney Gerald Garnick, petitioned the Board for a variance pursuant to Barnstable Zoning Bylaws, Section 3-5.2 (6) (D) , Site Clearing in a Groundwater Protection Overlay District. The petitioners seeks a variance to allow the construction of a 16,448 square foot building to contain a bank with an automated drive-up teller, office space and fifty-one (51 ) associated parking spaces. The proposed project is located in a Groundwater Protection Overlay District and Section 3-5.2 (6) (D) of the zoning bylaw requires that a minimum of thirty (30) percent of the total upland area of any lot be retained in its natural state, with only limited selective cutting of trees and clearing of understory shrubs and groundcover allowed. The petitioners contend that such a restriction would be detrimental to their project; that their lot is unique because it is located in three zoning districts and a literal enforcement of the zoning bylaw would involve substantial hardship to anyone seeking to make use of the property for the commercial purpose for which it is zoned; and, that use of the property for commercial purposes does not substantially derogate from the intent of the bylaw because the area is zoned for commerce and the property is surrounded by commercial uses and the lot has already been substantially cleared. l AYES: BLISS, BURLINGAME, NIGHTINGALE, JANSSONNAYES:NONE i i i r I I S 8 ddbj0 Obb08 9NINOZ8t/1S7ri2 y8 d0 NMOI TOWN ATTORNEYS' OFFICE TOWN OF BARNSTABLE INTER-OFFICE MEMORANDUM a Date: July 18, 1991 Y TO: < ZONING =BOARD OFAPPEALS.,>r To PLANNING & DEVELOPMENT ' FROM: RUTH J. WEIL, Asst. Town Attorney RE: WILLIAMS V. ZBA - Barn. Supr. Ct.89-276 OUR FILE REF. : #88-0050 As per our meeting in executive session regarding the above-entitled cases, attached please find the proposed Agreement for Judgment. Upon review by all members, please provide me with any comments you may have no later than Thursday, July 25, 1991. Thank you. RJW:cg Atchmt. 88050MEM] RLE COP14 TO: Zoning Board of Appeals FM : Charles Gabriel /Bernice Latham RE : Robert and Laura Williams petition for a Special Permit and variance DATE : February 17 , 1989 DATE OF HEARING: February 23 , 1989 ( __^4-- - 3_,Z3 LOCATION The property is located at the intersection of Route 132 and Airport Road. PROPERTY DESCRIPTION: The site is approximately 1 . 2 acres ( 52 ,420 square feet) located on the northwest side of the intersection. The site Is located in three zoning districts . . The Highway Business District extends from Route 132 to a depth of 300 feet into the site. The Business District covers the remainder of the site except for a small corner which falls into the Industrial District . The site is located in a groundwater protection overlay district. PETITIONER'S REQUEST: The current project is similar to a project the petitioner brought before the Board of Appeals in November, 1987. At that time the petitioner proposed to construct two office buildings , one for a bank with automatic teller and one for an office building. The gross floor area of the 1987 project was 199200 square feet including the lobby area. The petition was denied by the ZBA in a decision filed on March 16, 1988. The project before the ZBA tonight (February 23 , 1969) is quite similiar to the previous proposal . The changes appear to include a reduction in the size of the proposed office building by some 2200 square feet and a reduction in the number of parking spaces from 61 to 51 . The site layout has changed so that the centerline of the two entrance/exits are some forty feet to the northeast along Airport Road. Other minor changes have been made to the building location , internal circulation and landscaping. OF Department of Planning and Development a STAFF REPORT i679• `ev Since this project is similar to the previous proposal , the ZBA should consider it in the context of Chapter 40A , Section 16, Repetitive Petitions . Before hearing this petition the ZBA must first find: specific and material changes in the conditions upon which the previous unfavorable action was based and describes such changes in the record of its proceedings , and unless all but one of the members of the planning- board consents. thereto and after notice is given to parties in interest of the time and place of the proceeding when the question of such consent will be considered. " OF THE)O Department of Planning and Development a STAFF REPORT 039. D M Ay I PARTIES OF INTEREST APPEAL NO. 1989-13 & 1 ROBERT & LAURA WILLIAMS MEETING OF FEBRUARY 23 , 1989 Louis & Stephen Davis/Kevin Davis Tr. P O Box 1807 , Hyannis, MA Edward Brown/%John Bambara .Trs. 130 North St . , Hyannis, MA Independence Park Inc. PO Box 1776, Hyannis, MA Louis & Lila Lorusso PO Box 96 , Hyannis, MA John & Ellis Notemyer 81 Plant Rd, Hyannis , MA Robert Angello 10 Post Office Sq. ,Suite 1315 , Boston, MA. Herbert Carver ET ALS .TRs . PO Box 309 , Yarmouthport , MA John Sc* hulenberg Trs. / New Adventures Realty Tr. Sands Motor Lodge 921 RTE 13, 2 , '-Hyannis,._ MA=. Gerald DiPietro & Philip Chiotellis c/o Chiotellis 749 S Main St , Centerville, MA Antbbny_• Giovannone Trustee c/o Packaging Industrial Group Inc. 130 North Street , Hyannis, Ma Cape Harbor Associates c/o Alan C Winick 919 Third Ave .6th Floor, New York, NY Yarmouth Planning Board Sandwich Planning Board Mashpee Planning Board 109FPH D. DALuz TELEPHONES 779-1120 Building Commbuoner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 March 30, 1989 Town of Barnstable Zoning Board of Appeals 367 Main Street Hyannis , MA 02601 Attention : Ron S . Jansson, Chairman Re : Site Plan No. SP-05-89 (Shawmut Bank) Corner of Airport Road and Route 132 , Hyannis A=294-10 and 311-92 Dear Ron: The Site Plan Review Committee has the following comments with respect to the above referenced site plan for the Board ' s consideration. The site plan is approvable subject to the provision. of detailed floor and elevation plans. It is the understanding of the Site Plan Review Committee that the applicant cannot go ahead with a detailed building plan until a special permit/variance is granted. Any affirmative action from the Board will be subject to a final approval of the site plan from the. Site Plan Review Committee . Very truly yours , Josep E. Bartell ' ite lan Review Committee JEB/km cc : Robert It. & Laura A. Williams Gerald S . Garnick, Esq. Frederick L. Trilling, .Esq. Arne H. O j a o a TovEn of Barnstable All Site Plan Review Committee Members D --2orlrgevav3o t_ L r MAR 3 0 9a GARNICK, PRINCI 8 SCUDDER, P. C . ATTORNEYS AT LAW 32 MAIN STREET POST OFFICE BOX 398 GERALD S. GARNICK HYANNIS, MASSACHUSETTS 02601 HARWICH OFFICE: MICHAEL J. PRINCI 508) 771-2320 940 MAIN STREET JOYCE W. SCUDDER FAX: (508) 771-3304 P.O. BOX 364 SOUTH HARWICH, MASS. 02661 KATHLEEN FRANKLIN 508)432-5850 SUSAN M. JEGHELIAN FAX:(508)430-1057 FREDERICK L. TRILLING SHIRLEY J. SYLVA, ASSOCIATE March 28, 1989 Town of Barnstable Zoning Board of Appeals Town Hall Hyannis, MA 02601 Atten: Ellie Re: Petition of Robert M: Williams and Laura A: Williams Appeal No. 1989-13 and 1989-14 Our File No. 10784-2 Dear Ellie: This is to inform you that my March 9, 1989 letter which is attached hereto for your information which allows the Zoning Board of Appeals to extend the time for making a decision on the Variance and the Special Permit unti-1 April 14, 1989 is hereby further extended so that the time for the Board to make a decision is hereby extended until May 12, 1989. Very truly yours, GARNICK,,IPRINGI CUDDER-4 P.C. r Gerald S. Garnick U cvnotBdnsta,',. leg e;arG ort p s ; GSG/db M.[s J Enclosure MAR 3 p 1989 yoftufftobga TOWN OF BARNSTABLE FEB 2 71991 Z DARIITAEL = OFFICE OF TOWN ATTORNEY q nNa TOWN OF BARNSTABLE 1 39. 367 MAIN STREET NINO ARDOFAPPEALS HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D. SMITH, Town Attorney TEL. (508) 775-1120 Ext. 128 RUTH J. WEIL. Assistant Town Attorney NIGHT LINE -AFTER 4:30 P.M. CLAIRE R. GRIFFEN, Legal Assistant 508) 775-7570 EILEEN S. MOLLICA, Legal Clerk FAX # (508) 775-3344 February 25 , 1991 FOR SETTLEMENT PURPOSES ONLY Gerald S . Garnick, Esq. GARNICK & SCUDDER , P. C . 32 Main Street , P .O. Box 398 Hyannis , Ma . 02601 Re : Robert Williams and Laura Williams v. Jannson , et al , etc . Barnstable Zoning Board of Appeals Barn . Supr . Ct . : C .A. No . 88-276 & C .A. No. 89-581 Our File No . : 88-0050 Dear Gerry: I am writing you following our most recent conversation concerning the above-entitled actions , both of which are currently pending in Barnstable Superior Court . I mentioned to you that the Town of Barnstable Department of Public Works is in the process of preparing a referral of your clients ' proposed project to the Cape Cod Commission . You stated that if the Department of Public Works would agree to refrain from such referral , your client might be amenable to accepting the Board of Appeals ' decision rendered in the second petitions filed *before the Board ( 1989-13 & 1989-14 ) Essentially, the Board granted a special permit and variance for the construction of an approximately 12 , 000 square foot office building ( see copies of decisions enclosed hereto as Exhibits A and B) . In agreeing to accept the Board' s decision, your clients would dismiss both the Superior Court actions . Gerald S . Garnick, Esq . Attorney at Law February 25, 1991 Re : Williams v. ZBA Page -2- I After a lengthy discussion with Russell Davenport , Acting Town Engineer, Mr. Davenport agreed, albeit reluctantly, to forebear upon making the desired referral to the Cape Cod Commission , sprovidedthatyourclientsacceptthe12 , 000 square foot building is and concomitantly the dismiss alpermittedbYpYtheBoardofAppeals of the pending Superior Court cases . For your convenience , I am enclosing a Stipulation of Voluntary Dismissal for each of the pending actions . I look forward to arriving at an amicable resolution of this matter. Sincerely, RJW : cg Ruth J. Weil, Encs . Assistant Town Attorney c,c : Russell Davenport , Acting Town Engineer cc : Zoning Board of Appeals (wloi,mts) 88-50-01 cd1v TOWN OF BARNSTABLE PETITION FOR VARIANCE UNDER THEHE ZONING BYLAW To the Board of Appeals, Town Hall, Hyannis, MA 02601 DA, January. 12 19 89 1'1a undersigned petitions the Board of Appeals to vary, in the manner and for the reasons hereinafter set forth,the application_.of the provisions of the zoning bylaw to the following described premises. Applicant: -Robext M. Williams & Laura A. Williams Ft l Namel Telephone Number) 88 Old t-Mi 1:1. Roa_,dE, RR;;,O , .Box i_67. O `terv a:1 e, MA 02655Address: Owner: Robert M. Williams & Laura A. Williams Full Namel Telephone Number) Address:88 Bob 617_:, Ostervi l l e`, MA 02655 Prior Owner of record Town of Barnstable & Boy Scouts of America Tenant(if any): None Full Name)Telephone Number) If Applicant other than Owner of property - state nature o.Linter est I. Assessors map and lot number #2'94-10 and #311.-92 2. Location of Premises Corner of Airport Roa and Route 132 Village Hyannis Name of Street) What section of Town) 3. Dimensions of lot 304' 252' 1.2 acres 52,420± Frontage( I Depth( SquarqrFeet) 4. Zoning district in which premises are located hi hwa -buss.i..neess 1st 30 business 2nd 100' 5. How long has owner had title to the above premises? eptel11De1^ 25, 1986 n st-FlT1-`Yemainin 6. How many buildings are now on the lot? None exce t for a foundation 7. Give size of existing buildings None present Proposed buildings 16,448 sq.ft. including 1st & 2nd floor & lobby area 8. State present use of premises empty and vault area 9. State proposed use of premises hank htlilding R office spacp 10. Give extent of proposed construction or alterations: to bu i 1 d an of f i ce building which will house a bank and other office space 11. Number of living units for which building is to be arranged None 12. Ilave you submitted plans for above to the Building Inspector? Yes 13. Has he refused a permit? Yes 14. What section of zonin bylaw do you ask to be varied? Section 3-5.2(6)(DI , Site Cleaning 16. State reasons for variance or special permit: See Attached Sheet "A" LZ: 01V Z I NVP 69. Y;' 1 3 v over)1J 1 % ]1-J [N M 01 may' 4 _ °0 d/ems ern • // 6 l e lolluwing are the names and mailing addresses of the abutting owners of property and Lite names and addresses or th.,owners of property abutt ithe abutting owners of property and the names and addresses of the owners across the street all with their corresponding map and lot numbers according to the records in the Assessor's Office at the date of this application: Please type or print only. Map Lot # Name Address Zip Code SEE ATTACHED SHEET B I Use additional separate sheet and so note if necessary There must be submitted with the application at the time of filing, a plan of the land, (Five [6] Copies) showing: 1. The dimensions of the land. 2. The location of existing buildings on the land. 3. The exact location of the improvements sought to be placed on the land. All three of the above drawn to scale) Applications filed without such plans will be returned without action by the Board of Appeals. Respectfully submitted, Signature' Address 3 r lain treet. :0.s06x 398 Hyannis, 02601 5 2320 Tel. No. Attorney-for Robert M. and Laura A. Please submit 6 copies of petition form. Williams Filing fee of required with this petition ATTACHED SHEET "A" WILLIAMS APPLICATION APPEAL NO. Relief Being Sought From Barnstable Zoning Board of Appeals: VARIANCE . Section 3-5.2(6)(D) - Site Cleaning Seeking variance to have less than thirty (30%) percent of total upland area retained in its natural state. GARNICK 8 PRINCI, P. C . ATTORNEYS AT LAW 32 MAIN STREET POST OFFICE BOX 398 GERALD S. GARNICK HYANNIS, MASSACHUSETTS 02601 HARWICH OFFICE: MICHAEL J. PRINCI 617) 771-2320 940 MAIN STREET P.O. BOX 364 KATHLEEN FRANKLIN SOUTH HARWICH, MASS. 02661 JOAN LAFFEY NELSON 617)432-5850 JOYCE W. SCUDDER SHIRLEY J. SYLVA, ASSOCIATE THOMAS F. HORTON November 22, 1987 Town of Barnstable Zoning Board of Appeals Town Hall Hyannis, MA 02601 Attention: Ellie Re: Petition of Robert 'M. and Laura A. Williams Appeal No. 1987-96 Our File No. 10784 Dear Ellie: With regard to the above appeal , I am enclosing herewith a copy of the Special Permit Decision and Notice which was granted by the Selectmen concerning parking. Would you please place this in the Williams file. Very trulpyours, GARNICKA PRINCI, P.0 r, ' Gerald S. Garnick GSG:cmg enc. cc: Robert M. Williams o : 'I, Stephen A. Wilson, P.E. , Down Cape Engineering, .Inc. Peter Tsokanis, Loren Lucas, Inc. NOV 2 4 1987 I_ THE oBAHBSTABL y M"a i pp >;6;q. 9 D9 k a vnsd B[a66aolaude d 02601 COMMISSIONERS: 617) 775-1120 Ext. 123 - K'EVIN O'NEIL, CHAIRMAN ROBERT L. O'BRIEN JOHN J. ROSARIO, VICE CHAIRMAN SUPERINTENDENT THOMAS J. MULLEN PHILIP C. McCARTIN GEORGE F. WETMORE October 22, 1987 TO: CHAIRMAN, ZONING BOARD OF APPEALS s , FROM: SUPERINTENDENT, DPW SUBJ: SPECIAL PERMIT REQUEST, PROPOSED SHAWMUT BANK, CORNER OF AIRPORT ROAD AND ROUTE 132, HYANNIS At its meeting on October 20, 1987, the DPW Commission reviewed the special permit request submitted to the Zoning Board of Appeals by Robert Williams for the redevelopment of the site at the corner of Airport Road and Route 132 in Hyannis. This review included ingress and egress, vehicular and pedestrian safety, and traffic flow and control. The Commission expressed its concern regarding the effect that the proposed intense use of the property will have on the traffic on Airport Road and the proximity of one of the ingress/egress points to the Route 132 intersection. For this reason the Commission requested that a traffic impact study be conducted prior to acting on the proposal. In this regard also, both ingress/egress points should be carefully considered in view of the property's proximity to Route 132 and to the ingress/egress to Cape-Town Plaza shopping center. The specific scope of the study should be worked out in consultation with the Town Engineer. ROBERT L. 'BRIEN Superintendent MT1 LM I mi 1 i J TOWN OF BARNSTABLE ZONING BOARD OF APPEALS '8.g MMY 11 P Q '29 VARIANCE DECISION AND NOTICE APPEAL ## 1989-13 PETITIONERS: ROBERT AND LAURA WILLIAMS At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals, held on March 23, 1989, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant to Chapter. 40A of the General Laws of Massachusetts, the petitioners, Robert and Laura Williams, through attorney Gerald Garnick, petitioned the Board for a variance pursuant to Barnstable Zoning Bylaws, Section 3-5.2 (6) (D) , Site Clearing in a Groundwater Protection Overlay District. The petitioners seeks a variance to allow the construction of a 16,448 square foot building to contain a bank with an automated drive-up teller, office space and fifty-one (51 ) associ.ated parking spaces. The proposed project is located in a Groundwater Protection Overlay District and Section 3-5.2 (6) (D) of the zoning bylaw requires that a minimum of thirty (30) percent of the total upland area of any lot be retained in its natural state, with only limited selective cutting of trees and clearing of understory shrubs and groundcover allowed. The petitioners contend that such a restriction would be detrimental to their project; that their lot is unique because it is located in three zoning districts and a literal enforcement of the zoning bylaw would involve substantial hardship to anyone seeking to make use of the property for the commercial purpose for which it is zoned; and, that use of the property for commercial purposes does not substantially derogate from the intent of the bylaw because the area is zoned for commerce and the property is surrounded by commercial uses and the lot has already been substantially cleared. FINDINGS OF FACT: Based upon the information submitted, the Zoning Board of Appeals, by a motion duly made and seconded, made the following findings of fact: 1 the lot is in three zoning districts which create circumstances relating to the land that do not generally affect other lots in the zoning district; 2 a literal enforcement of the zoning bylaw would constitute substantial financial hardship to the petitioner by severely restricting commercial use of commercially zoned land; 3 the use of the property as intended by the petitioner would not derogate from or nullify the . intent of the zoning bylaw because the site is on a major commercial road and is surrounded by commercial uses. The vote on the findings of fact was a follows: AYES: BLISS, BURLINGAME, NIGHTINGALE, JANSSON NAYES: NONE Based upon the information submitted and the findings of fact, at a meeting held on April 27, 1989, by a motion duly made and seconded, the Board voted to grant a variance with the following conditions : 1 the gross floor area, exclusive of storage space, of the building be reduced in size by twenty-five (25) percent; 2 use of the proposed office space be restricted to the bank and its employees with the understanding that the present tenant shall not lease, sublease, or in any way allow the office space to be used by any other occupant; 3 that use of the basement and attic be restricted to dead storage; 4 plans and building elevations which show a twenty-five percent reduction in size of the buildings and which reflect appropriate changes in the site layout be submitted to the Site Plan Review committee for their approval and to the Zoning Board of Appeals; 5 such plans as described in condition #4, above, be prepared and submitted within 60 days of the filing of this decision. AYES: BLISS, BURLINGAME, NIGHTINGALE, JANSSONNAYES:NONE i i I I i Y r fi Any person aggrieved by this decision may appeal to the Barnstable Superior Court , as described in Section 17 of Chapter 40A of the General laws of the Commonwealth of Massachusetts by filing a complaints In said Court as well as notice of action with the Barnstable Town Clerk , within twenty (20) days after the Fiiing of this decision In the office of the Town Clerk. 1 SI Chairman, Cy Zoning Board of Appeals Town of Barnstable 1 , 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 day of 19_ _under the pains of perjury. Town Clerk DISTRIBUTION: Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public Information Board of Appeals Zoning Board'bf Appeals NOTICE OF PUBLIC HEARING UNDEiVZONING BY-LAWS :,t i Meeting of March 23,i 1989 F,,"TO all persons deemed interested or affected by the Board of Appeals;under r °Sec. I 1 of Chap.40A of General Laws i r of the CommonwealthofMassachusetts. and'all amendments thereto, you are Y'.hereby notified that:r tx}4.* ( Appeal No.1989-19'^` li.f:'7:30P.M Ronald Rufo & Jame.Silva :have appealed a decision of the Building Inspector and petition for'a special r r permit under Section 44.2,to allow an,,' addition to a non-conforming-building.' tl4,at Map 306,Lot 50,327 Sea Street., + rr Hyannis in an RB zoning district,*, 7, t•A Public Hearing will be held on this p petition at.7:30 P.1 X1,y, Appeal No.1989-20 ;r:',i.7.45 P.M. t'Michael B.O'Neil has appealed to the Zoning Board of Appeals and petitions . f fora Variance under Sections 3-1.3 and 1.2-3.4,Bulk Regulationsand Lot Shape Factor at Map 118.,Lot 41, 194 Pond ' Street,. Osterville'in an RC zoning district. ' k .') ',`l:yv mtl :c + i A Public'Hearing will'be held'on this petition at 7:45 P.M.,: Appeal No.1989.21^}Oi` 8:00 P.M., 3 r s Frederick Conant I & f Nynex { Communications,Incorporated have . appealed to the Zoning Board of Appeals t' andpetitionfora Variance under Section 2-3.1, Use Regulations and Section 3-1.4,RC-1 &RF districts to allow a P 160"mobil communications tower and. ' accessory building at Map 194,Parcel IOWB & 10CO3'at Off Service Road,.'-,' West Barnstable in an RF zoning district. A Public Hearing will be held on this petition at 8:00 P.M. Appeal No.1989-22"_' 8:15 P.M. 1,,Parallax Corporation has appealed,to the Zoning .Board' of Appeals and petitions for a Special Permit pursuant,*,'! 7.to Section 3-3.1(3)(B)to allow an 18- hole putting course at Map 327, Lots 154.&253,Center Street,.Hyannis,in.s E. , Business zoning district. ', ,, l A Public Hearing will be held on this petition at 8:15 P.M. Appeal No.1989.13 . 8:30P.M. V Robert'&. Laura'Williams have a ed"a decision-of the Buildin y;,r Inspector and petition for a Variance'' under section 3-5.2..(6) (D) Site Clearings,to allow the construction of ka 16,448 square foot building to house a bank and office space at Map 294,Lot 10,at the comer of Airport:Road & Route 132, Hyannis -in a Highway Business,Business and Industrial zoning district. x 'A Public hearing will be held on this a:petition at 8:30 P.M.1111'• Appeal No.1989-14 8:45 P.M. Robert & Laura Williams have appealed a decision'of the Building t Inspector and petition for a Special. Permit,under Section 3-3.6(3) (A), and Section 4-2.8, Parking r Regulations,to allow the construction . of§16,4,$.squarefootbuildingtohouse., a bani siid officer spacer.'to,include.a_, i drive-up automatic,teller;at.Mep 294 Lot 10 at the comet of Airport Road dt Route '132, Hyannis in a Highway. Business,Business and Industrial zoning district A Public Hearing will be held on 6 this petition at 8:45 P.M. These Hearings will be held in the second floor hearing room, New Town Hall 367 Main Street,Hyannis on Thursday evening,March 23,1989. You are invited to be present By order of the.`- Zoning Board of Appeals I Ron S.Jansson,Chairman,, Zoning Board of Appeals' The Barnstable Patriot PARTIES OF INTEREST APPEAL NO. 1989-13 & 1 ROBERT & LAURA WILLIAMS MEETING OF FEBRUARY 23 , 1989 Louis & Stephen Davis/Kevin Davis Tr. P 0 Box 1807 , Hyannis, MA Edward Brown/%John Bambara Trs. 130 North St . , Hyannis, MA Independence Park Inc. PO Box 1776 , Hyannis, MA Louis & Lila Lorusso PO Box 96, Hyannis, MA John & Ellis Notemyer 81 Plant Rd, Hyannis , MA Robert Angello 10 Post Office Sq. ,Suite 1315 , Boston, MA. Herbert Carver ET ALS TRs. PO Box 309 , Yarmouthport , MA John Schulenberg -Trs. / New Adventures Realty Tr. Sands Motor Lodge 921 RTE 132, '-Hyannis,._ MA Gerald DiPietro & Philip Chiotellis c/o Chiotellis 749 S Main St, Centerville, MA Antbiony_- Giovannone Trustee c/o Packaging Industrial Group Inc. 130 North Street , Hyannis, Ma Cape Harbor Associates c/o Alan C Winick 919 Third Ave 6th Floor, New York, NY Yarmouth Planning Board Sandwich Planning Board Mashpee Planning Board 880050J] COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: SUPERIOR COURT C.A. No. 88-276 ROBERT WILLIAMS and LAURA WILLIAMS, ) AGREEMENT FOR JUDGMENT Plaintiffs, ) vs- RONALD JANSSON, et al, as they are ) Members of the TOWN OF BARNSTABLE ZONING BOARD OF APPEALS, Defendants. ) The parties to the above-captioned matter hereby agree, pursuant to Mass. R. Civ. Pr. 58 (a) , that it be ORDERED AND ADJUDGED as follows: 1) The case of Williams, et al v. Barnstable Zoning Board of Appeals, C.A. No. 88-276 .(Barnstable Superior Court) , shall be dismissed with prejudice and without costs. M, 2) This matter shall be remanded to the Defendant, Barnstable Zoning Board of Appeals, for the modification of the decisions issued by the Zoning Board of Appeals on May 11, 1989 in Appeal' Nos. 1989-13 and 1989-14, consistent with the following terms and conditions: a) Condition number "2" of the Decisions shall be deleted and in its place, the following condition shall be substituted as follows: 112 use of the proposed space shall be restricted to bank and office use, with no medical offices permitted. b) In all other respects, the decisions of the Barnstable Zoning Board of Appeal, which are attached hereto and incorporated by reference herein, issued in Appeal Nos. 1989-13 and 1989-14, respectively, shall remain unchanged. 3) No costs or attorneys fees shall be 'assessed to any party on either side. Dated: 1991. 1 l f ROBERT WILLIAMS, et al, Plaintiffs,I ' By their attorneys, GERALD S. GARNICK, ESQ. B.B.O. No. 185920] GARNICK & SCUDDER, P.C. 32 Main Street, P.O. Box 398 Hyannis, Ma. 02601 JANSSON, et al, TOWN OF BARNSTABLE, ZONING BOARD OF APPEALS, Defendants, By their Attorneys, ROBERT D. SMITH, Town Attorney B.B.O. No. 469980] RUTH J. WEIL, Assistant Town Attorney B.B.O. No. 519285] 367 Main Street, New Town Hall Hyannis, Ma. 02601-3907 508) 790-6280 880050-J] 2 flrWk title date REVISIONS SITE no. date Project LAYOUT 87001 scale 201-0' y/O vS/NHS 300 100, AREA OF LOT: 1 . 2+ ACRES (52, 420 S.F. ) BUILDING "FOOT-PRINT" : 8 , 267 GROSS S.F. 441 MAX . COVERAGE OF LOT BY BLDG: 15 . 8% 5.. BLDG HEIGHT: TWO 12) STORIES 24 ' -6" GROUND TO 03 O TOP OF PLATE. CO 1 vziQ 10' SETBACK GROSS BUILDING AREA rrABULATION: LOJ'` FIRST FLOOR 8 , 267 GROSS S.F.U O T--. _S`S SECOND FLOOR 8 , 181 J 10 TOTAL 16 , 448 GROSS S.F. PIQPQ ED BUILDING lfvo OFF-STREET PARKING REQUIREMENTS: 16 , 448 GROSS S.F. 2 , 200 VAULT AREAS) 14 , 248 GROSS S .F. l ZONING BY-LAWS REQUIRE: 1 SPACE/300 GROSS S.F. FLOOR AREA PLUS 1 SPACE/SEPERATE SUITE. 14 , 248 G.S .F . 24i- 9 1 48 PLUS 3 = 51 SPACES 300 OP Q3) v T y f- 1 O CV IL PROGRESS PRINT 1 1 /02/88 Z o Shawmut Building Route 132 Hyannis, Ma. ORIN 111CAS INCORPORATED r ARCHITECTURE PLANNING f 572 Washington Street Wellesley , Ma. 02181 dwg. b A_ 1 J L title date REVISIONS u BUILDING date project ELEVATIONS 87001 -- scale 1/8":::V--0" 1 Ia SN NG00, SIaiNG DAD Ir oluDDD0IDLJ 1GY CLl 1` SECOND FLOOR 12'-6• r 4 OD D D D D - DDRIVE-THRU ) oaoo FIRST FLOOR 0'-0„I I I Ir• . I Irx-1I i r-/7-1 BASEMENT 8'-2" FRONT ELEVATION SCALF 1/8 V-0" p F21GK NI I SECOND FLOOR FIRST FLOOR 0'-0"I I I 4 A-I BASEMENT 8'--2" 13 µ SIDE ELEVATION SCALE 1/8"=1'-0" Shawmut Route- 132 Hyannis, Ma. ORIN IUCAS INEORFORATIO ARCHITECTURE PLANNING 572 Washington Street Wellesley , Ma. 021131 dwg. A_ 7 1N 1240WE5 of 4 aI IS©Q c1-20; B STe A USE ' DTsFICE 6rZ SCE. FT. s I Co 44 3 Si B Ya',L7- - 1 G,448 - 2 2 00 = 14 , L40 S1+ r R 14,248 sf +( 75.6 6.&L/DQY /9po4 -SF ,. (0&8. 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