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HomeMy WebLinkAboutSummary of Reasoning from Attorney Rose Bosco Dymek 109 West Bay Road, Centerville1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 _________ www.singer-law.com Myer R. Singer (1938-2020) Barnstable Board of Appeals 109 West Bay Road, Osterville Case No. 2024-051 Submitted 1.15.2025 SUMMARY OF REASONING The Applicants, Timothy Dymek and Carol Bosco, Trustees of the Timothy J. Bosco Trust and the Carol A. Bosco Trust, (hereinafter “the Applicants”) seek a special permit to alter and expand a pre-existing nonconforming dwelling on a pre-existing nonconforming lot where the expansion will be no more nonconforming as to setback than the existing dwelling. The Property is an undersized, long, narrow corner lot bordered by West Bay Road and First Avenue. In fact, the lot is just +/- 41’ wide where 100’ is required and is 8,100 sf where 87,120 sf is required. The First Avenue setback (second front setback) is nonconforming (4.2’ existing where 20’ required). All other setbacks are conforming. The existing dwelling is one-and-a-half stories and is 1,354 sf in gross floor area. The Applicants seek to expand the dwelling by adding a covered three-season front porch to the front face of the building slightly inset from the nonconforming main structure, but still nonconforming as to the First Avenue setback, a laundry and mudroom area to the rear of the dwelling which is conforming as to setbacks, a modest, dormered addition on the second floor which adds a closet and expands an existing bathroom, and, finally, an exterior ramp and platform off the mudroom area so that Applicants will be better able to access the home. As 2 proposed, the dwelling will be no closer to the nonconforming setback than then existing dwelling and will create no new nonconformities. The gross floor area will increase by +/439 sf. In order to complete the redevelopment, the Applicant is seeking a Special Permit from the Board of Appeals in accordance with Sections 240-92 (B) and 240-125(c) (2) the Barnstable Zoning Ordinance [“Zoning Ordinance”] and section 6 of the MCL Chapter 40-A. The Board is authorized to grant such a special permit upon first making findings that (1) the application falls within a category specifically excepted from the ordinance for the grant of a special permit; (2) the proposal fulfills the spirit and intent of the Zoning Ordinance and would not be a substantial detriment to the public good or neighborhood affected; and (3) that the site plan has been reviewed and found to be approvable in accordance with Article IX subject only to the issuance of a special permit; and (4) that the proposed alteration or expansion will not be substantially more detrimental to the neighborhood than the existing building or structure. The Applicant respectfully submits that the proposal meets all of the stated criteria for the requested relief as shown below: 1. The application falls within a category for which special permit are allowed. The project consists of a renovation and expansion of a pre-existing nonconforming dwelling which does not increase existing nonconformities nor create new ones so is squarely within the category of projects allowable by special permit. 2. The proposed alteration and expansion are not substantially more detrimental to the environment, community and/or historic character of the neighborhood. Here, the proposed expansion is of minimal nature, increasing the gross floor area by no more than 439 sf and coming no closer to the nonconforming First Avenue second front setback than the existing dwelling. The proposed work takes care to focus the expansion where it will least impact neighbors (the front sun porch area) and the 3 conforming rear addition). In comparison to its immediate abutters, the proposed project is modest in scale and the resulting expansion will remain well under comparable dwellings immediately abutting and facing the property. (See photographs attached structures attached as Exhibit 1.) The design is limited to the space and accessibility needs of the Applicants. No negative environmental impact is anticipated. There is no increase in the number of bedrooms proposed (three existing, three proposed). The height of the proposed structure will remain conforming and only minimally increasing (16’9” existing, 17’1/8” proposed). The Applicants are unaware of any other neighborhood concerns and have confirmed that at least two of their immediate abutters have written to the Board in favor of the project. For these reasons and those below, the proposal is not detrimental to the environment, community and/or historic character of the neighborhood. 3. The site plan has been reviewed by Town Staff and has been found to be approvable in accordance with Article IX subject only to the issuance of a special permit. 4. For reasons given in paragraph 2 above, the project as proposed will not be substantially more detrimental to the neighborhood than the existing dwelling. For the above reasons, the Applicant respectfully requests that the Board make findings that the proposal satisfies the provisions of the Zoning Ordinance and grant the Special Permit to allow the proposal to be completed as shown on the plans.