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HomeMy WebLinkAbout2453 546 Higgins Crowell Rd Decision Recorded442745 ` ^- 1//o ysya. THE. COMMONWEALTH OF MASSACHUSETTS YARMUTH _-- Cuyw Town BOARD OF APPEALS Date: September 24 , 19 87 Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A, Section 1 t ) The Board of appeals of the City or Town of YAttiyp TH hereby certifies that a Variance or Special Permit has been granted To Raymond A. Long and Ann C. Long Address 546 Hijuins City or Town term of Title 107542 affecting the rights of the owner with respect to land or buildings at Lana Court Plan 28808-- : Ar$ —546 Higains Grovell RaAd, West Yaranzirb. And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11(last paragraph) provides that no variance or special w it, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town cleric and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of needs for the county and district in which the land is located and indexed in the grantor index under the ,tame of the owner of rcvord or is recorded and noted on the owner's certify of title. The fee or such recor- ding or registering shall be paid by the owner or applicant - Chaff mia Donald Henderson FORM T094 MOODS R WARREN INC R9VISID 1P$ rwai OF Yesi iricH 4 BOARD OF APPEALS a, riled with Town Clerk: So 2 6W Hearing Date: 08/13/87 Petition io. 2453 PETITIONER: Raymond A. Lang A Ann C. Long, Trustees of RA -AN Realty Trust Sob nuins Crowell Road West Yarmouth, MA 02673 DECISI0N RELIEF REQUESTED The Petitioners have appealed for relief, To Allow: Change of use within a nonconforming structure as shown and in accordance with Site Plan submitted herewith on Petitioners' property located at 546 Higgins Crowell Road, West Yarmouth, Barnstable County, Massachusetts, as shown on Yarmouth Assessors Map, Map 64, Parcel E-5, as more fully described on Land Court Certificate of Title No. 107542 and Land Court Plan No. 28808-C. A. By Special Permit in accordance with M.G.L. Chapter 40A and Yarmouth Zoning Bylaw sections 103.2 and 104.3.2 from previous Use Category Group D to Use Category Group K. B. By Special Permit as aforesaid from' previous Use Categories Group D and Group K to allow future Use changes, without further relief from the Board of Appeals, to uses; Group D, Group K, B3, Group E H3, H9, H10, Hll, Group 1, J6, Group K (except K5 and K10), M1, M2., M3, Group 0, Group P. C. Ilse changes as above by variance if deemed Necessary by the Board of Appeals in accordance with Section 102.2.2. D. To allow such other relief as the Board of Appeals deems meet and just. E. To waive strict compliance with its r►oies and regulations where the Board may deem such appropriate. HSAR.IBG The Petition was duly filed. Notice was given as required by law, including twice publication in the Register, I a weekly publication having circulation in Yarmouth. Pursuant to this notice, a public hearing was held by this Board of Appeals on the evening of August 13, 1987. In the course of the hearing, several questions Were posed to the Petitioners' representatives by members of the Board of Appeals. Several Yarmouth residents were heard and response was made by representatives of the Petitioner and by members of this Board. MEMERS OF THE BOARD OF APPEALS PRESER'f : DONALD HENDGRSON FRITZ LINDWIST JUDITH SUTA- All 46- Pfi1 p Kuw'AUSOI DAVID tEID REASON FOR DECISIOB The property is a certain parcel of land improved with buildings thereon located at 546 Higgins Crowell Road, West Yarmouth, Barnstable County; H#saachusttts as shown on Yarmouth Assessors Map, Map 64, Parcel E-5, as more fully described on Land Court Certificate of Title No. 107542 and Land Court Plan No. 28808-C. The Petitioners have submitted a plan entitled, Site & Sewage Plan of Land in West Yarmouth, MA, prepared for WACO Equipment Rental, Scale 1" = 20', Date: 04/10187, Revised O7/07/87, prepared by Down Cape Engineering, Civil Engineers and Land Surveyors, Route 5A, Yarmouth, MA. FACTS AND BACKGROUND The Petitioners are the owners of locus. There are two (2) buildings on the site. Locus is located within an Industrial Zoning District. The lot contains 26,317 ± square feet. Lot conformancy comparisons to the current Zoning Bylaw are as follows: Site Bylaw Square Footage 26,317 sq ft 40,000 sq ft Frontage 131.51 ft 100 ft Front * 18 ft 30 ft Side * 4 ft 10 ft Rear * 72 ft 30 ft N * at shortest point measured on plan Lot Coverage 26.4 35% Buildire 11 4,666 sq. ft. Building 12 2,280 sq. ft. Existing and proposed parking and drainage information are as shown on the petitioners plan. The site is also nonconforming as to current buffer requirements. These two building sites have a recent history as follows: Building 11. Use Croup D, Construction Building 12. Use Group K, Business Services Both uses are allowed uses within the Industrial Distract. However, the building inspector interprets section 104.3.2 of the Yarmouth Zoning Bylaw as requiring a special permit for change of use within a nonconforming structure even if the new use is permitted within the Zoning District if the previous use was within a different Use Category. The current buildings, while they conformed to the Zoning Bylaw when built, are currently legally existing nonconforming structures. Given the lot and building sizes, little can be done to upgrade the site relative to buffers. Proposed upgrades are shown on the plan. A landscaping plan has been provided_ The site is very similar to the other business industrial and commercial sites in the neighborhood. The Petitioner appeared before Site Plan Review on July 14, 1987. Further. the Petitioner and Fire Department has nrovided to the Board of Health and Fire Department a list, quantity and procedures relative to possible hazardous materials to be on site. The Petitioner has requested a special permit to use both buildings for Use Croup K, Business Services. Interior Renovations are proposed and a plan provided. Inasmuch as the Petitioners have provided proposed site upgrades as to Parking, Buffers, Landscaping, Sewerage and Drainage to the greetest extent practical, the Petitioners have requested a second special permit to allow certain future uses without return to the Board of Appeals. CRITERIA A. The criteria for the grant of special permit are stated as follows: 3 1. Zoning Bylaw Section 103.2.2: Special permits shall not be granted unless the applicant demonstrates that no undue nuisances hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. 2. Chapter 40A: Special permits may be issued only for uses which are in harmony with the general purposes and intent of the ordinance or bylaw, and shall be subject to general or specific provisions set forth therein; and such permits may also impose conditions, safeguards and limitations on time or use. B. The change, extension existing non -conforming are stated in Section fellows: or alteration of a prior use or structure criteria 104.3.2 of the bylaw as "Pre-existing non -conforming structures or uses may be extended, altered or changed in use on special permit from the Hoard of Appeals if the Board of Appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing non -conforming 10 use. CRITER" GALIS LED The criteria an stated above are met in that as to the special permits requested all uses are allowed within the District. While the site is currently nonconforming such nonconforming sites are protected by section 104.3 of the existing bylaw which states that, - "104.3 Nonconformancy. The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this bylaw may be continued, although such structure of use does not conform with provisions of the bylaw..." The Petitioner via its plan has adequately addressed the issues of use, parking, septic, buffers and drainage. Given the petitioners plan: A. No undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town, because all requested special permit uses are allowed in the District. 4 B. The proposed project is in harmony with the general purpose and intent of the bylaw, because the bylaw allows the uses requested. C._ The proposed project will not be substantially more detrimental to the neighborhood than the existing nonconforming use, because the proposed special permits uses are similar to the prior use and to other uses existing in the neighborhood. CONCLUSION AND DESIRED RELIEF The Petitioners have met all the criteria necessary for the desired relief to he granted.* MEMBERS VOTING DONALD HEIDERSON PiIILIP MAGRUSM F1t.ITZ LIN M IST DAVID REID JUDITH SULLIVAN All voted unanimously in favor granting the Petitioners request for two special permits. Therefore, the Petitioners request for relief is granted as above for all the above stated reasons; but subject to the following conditions: A. Site upgrades will be completed in accordance with the Petitioners plans. B. The two special permits granted are subject to the owner and/or future tenants -obtaining applicable approval permits from the Board of Health and Fire Department as may be required by law and local regulation. C. The Petitioner's sign shall be moved so as to be located on the lot. D. In accordance with Yarmouth Zoning Bylaw Section 301.5, Note 3: Inasmuch as planned occupancy is below allowed occupancy, only 11 parking spaces shall be required for the use granted by the first special permit, being Use Group K. Business services, (equipment rental and sales) standard industrial classification #7394. As to this use, the Petitioner shall not be required to pave the parking spaces in the rear of the building, said area to be surfaced with gravel. But inasmuch as parking capacity is expandable, 5 if allowed use changes are made in the future, then up to 12 additional spaces may be required. Said Determination to be made by the building Inspector, or upon petition, by the Board of Appeals. E. The Petitioners, during the hearing, withdrew their request for many of the proposed uses described in the request for the second special permit. This request: for withdrawal was allowed by the Board during its deliberations. Thins, the Board's grant of a second special permit is limited to the following uses which were requested by the Petitioner. All of these uses are allowed under the Bylaw. All uses which are allowed by the designation BA cr Which are encumbered by footnote 19 have been deleted. Thus the future uses allowed by the second special permit are: F6 Transportation Services K1 Advertising Agencies K2 Consumer Credit Reporting Agencies K3 Mailing, Reproduction, Commercial Art and Stenographic Services KS News Syndicates K9 Detective Agencies and Guard Services P1 Education Institutions P2 Religious Institutions P7 Day Care Facility No permit issued until 20 days from the date of filing the Decision with the 'Town Clerk. Fritz Lindquist Clerk vro tem GI 2453 Raymond Long 4F.::`?Cn,IDN it THE TOW -A% CLERK I, Kati.leen 1. Johnson, Town Clerk, Town of Yarmouth do hereby cer Jkfy trat -G da.5 have elapse,' Fin. a filing with me of the above Board of ,appeals r• 24.53 dec i5 is that no noti,e ofaopeal of said decision has beer. filed with me, or if such -3 eci as been filed it has been dismissed or denied. Ka4hleen It. 4ftson To +�i ,Clark t