HomeMy WebLinkAboutSR-2023-029 Viera 140 Ost West Barn Rd OST SP UPDATED
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2023-029 – Viera/Crosby Boatworks
240-94 A. Change from one nonconforming use to another, or
240-94 B. Expansion of a preexisting nonconforming use
To allow boat storage use on site
Date: October 3, 2023 Updated October 25, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: E.M. Crosby Boatworks, Inc.
Property Owner: John Viera
Property Location: 140 Osterville-West Barnstable Road, Osterville, MA
Assessor's Map/Parcel: 120/051-002
Zoning: Residence C (RC) Zoning District
Filed: September 13, 2023 Hearing: October 11, 2023 Decision Due: December 22, 2023
Copy of Public Notice
E.M. Crosby Boatworks, Inc. has applied for a Special Permit pursuant to Section 240-94 A and
240-94 B Change or Expansion of a Preexisting Nonconforming Use. The Applicant seeks to
change the use from a landscaping business to a boat storage business. The Applicant proposes
to store up to 75 boats on the property. The Applicant also seeks to construct an approximately 30
ft. by 80 ft. structure covered with a clear membrane to be utilized for the storage of wooden
sailboats. The subject property is located at 140 Osterville West Barnstable Road, Osterville, MA
as shown on Assessor’s Map 120 as Parcel 051-002. It is located in the Residence C (RC) Zoning
District and the Wellhead Protection (WP) Overlay District.
Background
The subject property consists of 1.51 acres with frontage on Osterville-West Barnstable Road in
Osterville, MA. According to the Assessors records, the site consists of a commercial building of
2,622 gross floor area constructed in 1986 and what looks like 2 hoop houses. The area consists
of a variety of lot sizes and both residential and commercial uses.
Previous Zoning Board of Appeals action:
1994-088 Appeal of an Administrative Official Cease and Desist – The Building Official filed a
cease and desist order for the operation of a landscape service operation. The Decision was
upheld. The Appellant filed an appeal and it went to Land Court.
Proposal & Relief Requested
E.M. Crosby Boatworks, Inc. has applied for a Special Permit pursuant to Section 240 -94 A and
240-94 B Change or Expansion of a Preexisting Nonconforming Use. The Applicant seeks to
change the use from a landscaping business to a boat storage business. The Applicant proposes
to store up to 75 boats on the property. The Applicant also seeks to construct an approximately 30
ft. by 80 ft. structure covered with a clear membrane to be utilized for the storage of wooden
sailboats. The subject property is located at 140 Osterville West Barnstable Road, Osterville, MA.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2023-029 – EM Crosby Boatworks
2
Staff Comments
The Applicant has just submitted an engineered site plan but has not received Formal Site Plan
Review approval.
The Board might wish to confirm no racking of boats and if so limit height as well as set a defined
area for boat storage as none is shown on the plan
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 must be found approvable at Site Plan Review.
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 § 240-53,
Landscape Requirements for Parking Lots, Subsection F, if applicable.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2023-029, a request to change the use from a
landscaping business to boat storage at 140 Osterville-West Barnstable Road, Osterville, MA, it
may wish to consider the following conditions:
1. Special Permit No. 2023-029 is granted to E.M. Crosby Boatworks, Inc. pursuant to Section
240-94 A and 240-94 B Change or Expansion of a Preexisting Nonconforming Use. The
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2023-029 – EM Crosby Boatworks
3
Applicant seeks to change the use from a landscaping business to a boat storage business.
The Applicant proposes to store up to 75 boats on the property. The Applicant also seeks to
construct an approximately 30 ft. by 80 ft. structure covered with a clear membrane to be
utilized for the storage of wooden sailboats. The subject property is located at 140 Osterville
West Barnstable Road, Osterville, MA
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan for John Viera” by Warwick & Associates, Inc dated September 6, 2023 with the last
revision date of October 23, 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. The use is for boat storage only. No additional uses are allowed including but not limited to
maintenance and repair of boats without an amendment to this permit.
5. No more than 75 boats shall be stored on site at any time. No boat shall exceed 30 feet in
length.
6. 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 Attorney David Lawler)
Attachments: Application
Plans