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Home My WebLink AboutSR-2023-039 Baird 27 Falcon Rd WB appeal of BC DecisionTown of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Appeal No. 2023-039 – Baird Appeal of Building Commissioners Decision Date: November 11, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Appellant: Daniel J. and Karen D. Baird 27 Falcon Rd, West Barnstable, MA Subject Property: 27 Falcon Road, West Barnstable, MA Assessor's Map/Parcel: 196/032 Zoning: Residence F (RF) Filed: October 6, 2023 Hearing: December 6, 2023 Decision Due: December 14, 2023 Copy of Notice Daniel and Karen Baird have filed an Appeal of an Administrative Official’s Decision in accordance with 240-125 B. (1)(A) and M.G.L. Chapter 40A Section 8. The Petitioners seek to overturn the Notice of Violation and Order to Cease, Desist, and Abate from the Building Commissioner, dated September 11, 2023. Summary of violations determined by the Building Commissioner include Barnstable Zoning Ordinance Chapter 240 Section 14 A.(1) RF Residential District and Chapter 240 Section 10C Prohibited Uses. Specifically, the use of a trailer/camper as a substitute dwelling unit or for temporary sleeping purposes on a property without a permitted principal dwelling. The subject property is located at 27 Falcon Road, West Barnstable, MA as on Assessor’s Map 196 as Par cel 032. It is located in the Residence F (RF) Zoning District. Appeal This matter involves an appeal of the Notice of Zoning Ordinance Violation and Order to Cease and Desist and Abate immediately concerning the use at 27 Falcon Road, West Barnstable, MA dated September 11, 2023. According to the Notice, the Building Commissioner observed violations on site of the following Zoning Ordinance Sections, specifically the use of a trailer/camper as a substitute dwelling unit for temporary sleeping purposes on a property without a permitted principal dwelling,: Part 1 of the Town of Barnstable General Ordinances, Part 1, Chapter 240 Section 14 A (1) and Chapter 240 Section 10 C. The Notice of Zoning Violation and Order to Cease, Desist and Abate summary: In order to abate this violation and to avoid further enforcement action by this office, commence immediately upon receipt of this notice the following actions: 1. Immediately vacate and remove the camper and port-a-potty from the property and advise Inspectional Services of compliance of this order, 2. Apply and obtain the necessary zoning relief from the Zoning Board of Appeals, 3. Apply for and obtain permits to construct a single family dwelling and complete all necessary inspections to the satisfaction of the required codes. Zoning Board of Appeals – Planning and Development Department Staff Report Appeal No. 2023-039 - Baird 2 The Appellants contend this is lawful under the agricultural use exemption and/or under Section 240-9 B. According to the appeal, the Appellants harvest approximately a dozen cords of wood from the property. In order to have a place of respite and to get out of the weather, the Appellants brought a camping trailer onto the property. They use the trailer for cooking and to stay warm and approximately a dozen weekends for sleeping purposes. Background The parcel addressed as 27 Falcon Road, West Barnstable contains 11.69 acres of wooded land. There is a small pond adjacent to the lot. Section 240-8 Exempt uses. A. The following uses and structures are permitted in all zoning districts: (4) Agriculture, horticulture, viticulture, aquaculture and/or floriculture on a parcel of land five acres or less in size shall be permitted subject to the following requirements in residential districts: (a) Seasonal garden stands for the sale of seasonal fruits, flowers and vegetables shall be permitted, only for the sale of produce grown on the premises. (b) No person shall be employed on the premises. (c) No more than one temporary, on-premises sign may be erected, not to exceed two square feet, to be removed during the off season. Section 240-14RC-1 and RF Residential Districts A. Principal permitted uses. The following uses are permitted in the RC-1 and RF Districts: (1) Single-family residential dwelling (detached). Section 240-10 Prohibited Uses The following uses are prohibited in all zoning districts: A. Any use which is injurious, noxious or offensive by reason of the emission of odor, fumes, dust, smoke, vibration, noise, lighting or other cause. B. A tent maintained or occupied for living or business purposes, except as permitted in § 240-9D above. C. A trailer parked, stored or occupied for living or business purposes, except as specifically provided for in § 240-9 herein. Procedural Review This appeal was filed with the Town Clerk’s office and the Planning and Development Department, Zoning Board of Appeals Office on October 6 2023. The Notice of Zoning Ordinance Request for Enforcement is dated September 11, 2023. Findings The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s determination. It is the Board’s responsibility to determine if the Building Commissioner properly determined that the use does not violate the Zoning Ordinance. Should the Board wish to uphold the Building Commissioner’s decision to file a Notice of Zoning Ordinance Violation and Order to Cease, Desist and Abate, the Board should consider the following finding: Zoning Board of Appeals – Planning and Development Department Staff Report Appeal No. 2023-039 - Baird 3 1. The Board affirms the Building Commissioner’s finding that the use of a trailer/camper at 27 Falcon Road, West Barnstable is in violation of the Barnstable Zoning Ordinance and do not meet the Section 240-8 Agricultural Exemption. Should the Board wish to overrule the Building Commissioner’s Decision to file a Notice of Zoning Ordinance Violation and Order to Cease, Desist and Abate, below is a draft finding for the Board’s potential consideration. 1. The Board finds that the use of a trailer/camper at 27 Falcon Road, West Barnstable complies with the Section 240-8 Agricultural Exemption. Procedural Information Upon making findings, the Board may choose to vote to: • Uphold the Building Commissioner’s determination; or • Overrule the Building Commissioner’s determination, A vote of 4 members of the Board is required to overrule the Building Commissioner’s decision. CC: Appellant (c/o Attorney Wall) Attachments: Appeal