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Photo Derek Burritt
John Rice’s yard filled with construction equipment and materials drew complaints from neighbors and a tough ruling from ZBA. |
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Builder gets the boot
Rice given 30 days to clear off N. Truro property
By Derek Burritt
Banner Staff
TRURO — Builder John Rice says he was just looking for a place to put his “stuff.” His neighbors claim he’s lowered their property values, and in a letter to the zoning board of appeals, one abutter writes: “Save our neighborhood. Save our quiet, safe street.”
After working out of his property on Professional Heights Road for roughly three years, Rice, of John B. Rice, Inc., finds himself in danger of losing that privilege after the zoning board of appeals voted to overturn the building commissioner’s issuance of a temporary use permit, instructing him to not allow Rice business access off the private road, and ordered Rice to cease and desist all activities related to construction on his property.
Rice was told that he must remove all of his industrial equipment from the property within 30 days.
Even though Rice’s property falls within the North Truro business district, the last occupancy permit issued was for single-family residential use. Rice purchased the property in 2003 and subsequently obtained a permit to build an accessory garage. He subdivided the lot, converted the buildings to condos and then sold off the primary dwelling but continued to use the garage to store his construction equipment, which he says he removed from his own residential property on Hatch Road when he put it on the market.
Some of Rice’s neighbors weren’t happy with the land he cleared to store his equipment on and the noise, dust, runoff and traffic that came to their street. In January 2006, they sent a formal complaint to Building Commissioner Tom Wingard. After reviewing the issue, Wingard wrote in a July 6 letter to Rice that Rice needed to file for a change of use permit from a “residential to commercial construction business,” which Wingard wrote he would have to deny because a commercial business can’t be accessed from a residential zone, according to numerous court cases he cites in the letter.
On March 13, Wingard approved a temporary change of use permit for Rice’s property from residential to “residential–retail service with contractors yard.” In his presentation at Monday’s meeting, Attorney David Reid, representing Rice’s neighbors, alleged Rice is in violation of bylaws pertaining to beginning site work before permits and approvals are obtained, and he also objected to Wingard’s use category as outlined in the bylaws which states “uses not expressly permitted are deemed prohibited.” However, Wingard stands by his claim that Rice uses his property for a retail service. “Retail or wholesale service” is permitted in the business district.
“It fits for me as a retail service. A general contractor provides a retail service to nine out of 10 residents in this town,” Wingard said to the zoning board.
The temporary permit is conditioned on Rice’s continued effort to get site plan approval. At Monday’s meeting, Rice told the board he’s near to closing on the Conlon property, which would give him a chance to obtain a curb cut from the state and grant him access other than through a residential zone. After Monday’s meeting, however, he wasn’t optimistic about the purchase.
Rice says he is pursuing a court appeal. What upsets him, he says, is that he was always up front with the building commissioner and his realtor about his intentions to buy a property to store his equipment on.
Some of his neighbors say they’re upset with having to live with an “industrial pit” on the residential side of the hill.
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Apr 26th, 2007