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HomeMy WebLinkAboutRequest for Zoning Enforcement 02052021MICHAEL D.FORD JEFFREY M.FORD FORD AND FORD ATTORNEYS AT LAW 72 MAIN STREET,P.O.BOX 485 WEST HARWICH,MA 02671 TEL.(508)430-1900 FAX (508)430-9979 ornce@.roidandfordaltornevs.com Brian Florence February 5, 2021 Town of Barnstable Building Commissioner Town Hall,200 Main Street Hyannis,MA 02601 RE;-Request for Zoning Enforcement Request for Zoning Enforcement Pursuant to Mass General Laws Chapter 40A Sections 7.8.and 15 Dear Mr.Florence: I hope this email finds you well. This office represents 25 Falmouth Road LLC,who is also the owner of the property located at 25 Falmouth Road in Hyannis MA. We have been asked to submit a Zoning Enforcement request on their behalf for the operations currently taking place at 95 & 123 Falmouth Road & 180 &172 Walton Ave (shown on the map below), which all appear to be part of an automotive use and storage type operation. As you are aware, our office previously reached out to Maggie Flynn,who was only able to locate a 2017 SPR approval letter,which does not include either of the lots on Walton Ave.In looking at the Town GIS maps (attached),most of 172 Walton,a small comer of 180 Walton and about 1/3 of 95 Falmouth Road are located in the RB,with the remaining portion of 95 Falmouth,123 Falmouth & 80 Walton being located in the HB. The sites ai'e also entirely located within the GP. I also checked witii Anna Brigham and she did not find any ZBA files for any of these lots. Where this has split zoning with the HB & RB, ZBA relief may have been needed, especially if any expansion in either the HB & the RB was to take place. Section 240.11 sets fortli the Residential Districts which includes the RB.Under this section,automobile type uses would not be permitted.See attached relevant sections from 240.11 showing all pennitted,accessory and conditional uses allowed in this district). Section 240.25 -HB Business District sets forth the zoning and allowed uses for this district.Automobile type uses are not a permitted use in this district.Auto Service and Repair is allowed as a conditional use in the HB District,provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of §240-125C. Section 240-35 -Ground Water Protection Overlay Districts,is also applicable here where the subject pai'cels are all located entirely within the GP District.Section 240.35 F.(2)(m) prohibits Boat, motor vehicle and aircraft cleaning, service and repair within the overlay district. I have attached an arial photo showing all tliesc areas, including those in the RB, currently cleared and being used for parking and storage (see attached below). #102 I /7 #147 l'0 .J f ^J &#370 #6.45 #300 J #15/V4'- Mi f ifd j J J V- -JT #76 j #323 #177 I have been informed excavation has been taking place,so my clients have raised concerns as to what permits may have been issued by your department to date. Please provide me with a response witliin the time period allotted. Thanks as always for your time and consideration with this request. Very truly yours, L 8$<f. Jeffrey M. Ford, Esq. Cc:Bamstable Building Department / Clients Owner Information Map/Block/Lot:311/041/ Property Address 25 FALMOUTH ROAD/RTE 28 Village:Hyannis Town Sewer At Address:Active GIS Zoning Value:HB Owner Name as of 1/1/20: 25 FALMOUTH ROAD LLC 500 YARMOUTH ROAD Map/Block/Lot:311/083/ Property Address 180 WALTON AVENUE Village:Hyannis Town Sewer At Address:No GIS Zoning Value:SPLIT RB;HB Owner Name as of 1/1/20: WOOD,TROY TR 12 MARINER'S LANE MASHPEE,MA.02649 Co-Owner Name 123 FALMOUTH ROAD REALTY TRUST Map/Bloek/Lot:311 /084/ Property Address 172 WALTON AVENUE Village:Hyannis Town Sewer At Address:No GIS Zoning Value:SPLIT RB;HB Owner Name as of 1/1/20: WOOD,TROY TR !2 MARINER'S LANE MASHPEE,MA.02649 Co-Owner Name 123 FALMOUTH ROAD REALTY TRUST Owner Information Map/Block/Lot:311 /073/ Property Address 95 FALMOUTH ROAD/RTE 28 Village:Hyannis Town Sewer At Address:Active CIS Zoning Value:SPLIT RB.HB Owner Name as of 1/1/20: WOOD,GILBERT C 12 MARINERS LANE MASHPEE,MA.02649 Co-Owner Name Map/Block/Lot:311 /078/ Property Address 123 FALMOUTH ROAD/RTE 28 Village:Hyannis Town Sewer At Address:No GIS Zoning Value:HB Owner Name as of 1/1/20: WOOD,TROY TR 12 MARINER'S LANE MASHPEE,MA.02649 Co-Owner Name 123 FALMOUTH ROAD REALTY TRUST PhotoTaken11/24/20'.'•'•^'•4/7\\Y.-r,';n"'p5>^''VU'.,.'•*.^t>f.''