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HomeMy WebLinkAbout9.14.2026 Narrative 1595 Main1 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) Town of Barnstable Narrative in Support of Special Permit Under Barnstable Zoning Ordinance 240-47.2 Address: 1595 Route 6A, West Barnstable, MA Application: 2026-016 Owner/Applicant: Edith Tonelli Date submitted: 9.9.2026 Dr. Edith Tonelli (hereinafter, the “Applicant”), seeks a special permit to convert an existing, historic barn into an accessory dwelling unit (hereinafter, “ADU”) on her property at 1595 Route 6A, West Barnstable, MA (the “Property”). The special permit is necessary under Barnstable Zoning Ordinance 240- 47.2. where the ordinance allows qualifying structures under 900 sf to be permitted as of right and allows the Board the discretion to approve existing structures exceeding 900 sf of living area to be converted to ADU’s by special permit. Existing conditions: The Property is a corner lot on Rt. 6A and Plum Street and is improved with a 1906 dwelling, located in the northwest corner of the Property and a barn (hereinafter, the “Barn”) to the rear of the same relative age. The neighborhood, as shown in the attached exhibit, is a mix of modern and historic single-family homes, a church, and, immediately adjacent to the Property, a converted industrial building, now mixed use with apartments. The Property is located both in the Old King’s Highway Historic District and the National Register Historic District. (See MACRIS inventory attached). The MACRIS inventory of the Property takes special note that “Alexsander Michelson was one of the earliest Finnish immigrants of many that first settled in West Barnstable from 1895-1925 seeking work and improved living conditions. His business ventures with this store and later an adjacent garage were successful.” The main dwelling continued to be used for commercial purposes and the Barn for commercial storage until the Applicant converted the commercial use of the main structure to residential use after she purchased the Property in 2022. The Property is pre-existing nonconforming as to lot size (17,800 sf where 87,120 sf is required). The main dwelling is pre-existing nonconforming as to front and west-side setbacks, with limited (.7’) setbacks to the street layout. The Barn is nonconforming as to the west-side (Plum Street) setback but 2 otherwise dimensionally conforming. Both structures are conforming as to height (30’ allowed, 25.5’ existing). A Title V compliant five-bedroom septic system serves the three-bedroom main dwelling. In order to stabilize and maintain the historic Barn, certain work, including replacing doors and windows, siding, roof and gutters and structural repairs, needs to be done in a manner appropriate for its historic status at significant cost to the Applicant. (See Exhibit attached showing existing exterior condition of Barn). The Barnstable Old King’s Highway Historic District Committee has reviewed the work proposed and issued a Certificate of Appropriateness. Proposed conditions: The main dwelling will not be altered as part of this application. Neither will the Barn’s footprint be altered save for the modest, conforming-as-to-setback deck to the rear of the Property. The majority of work will take place within the interior to convert the Barn to residential use. The Barn’s proposed living area is 1,553 sf, less than 700 sf more than what would otherwise be allowed by right. The main dwelling’s square 4,390 sf in comparison. With the exception of the size of the living area proposed within the existing Barn, the proposed work meets the requirements of Barnstable’s ADU ordinance for a by right ADU because of the following: 1. Only one ADU is proposed on the Property; 2. The entrance to the ADU is not shared (separate, existing structure) and the Property maintains the appearance of a single-family property; 3. The ADU is designed in a way so that few, if any, changes will be noticeable from current conditions other than the improved maintenance allowed by the work proposed; 4. The ADU will contain only two bedrooms and will be inhabited by two people over the age of 18 (the Applicant’s daughter, son-in-law and grandchild); and 5. The proposed new bedrooms will not exceed the existing 5-bedroom Title V compliant system. ADU- 240-47.2- application to Project The purpose and intent of the ADU ordinance is to (1) “Increase the number of dwelling units available for year-round rental in Town… (2) Adapt single-family residential properties so they are supportive of residents at a variety of stages in their life cycles; (3) Encourage greater diversity and support of all populations with particular interest to young adults and senior citizens; and (4) Provide homeowners with a means of obtaining rental income to defray housing costs.” Applicant’s Intended use: The Applicant’s ADU application addresses each of the intents and purposes of the ordinance as the conversion would support professional couple with local ties moving into 3 Barnstable, the couple’s proximity to the Applicant and her disabled son needing 24 hour care would encourage greater diversity of populations, allow the Applicant’s son to continue to live at home where his care is well addressed, clearly aiding in supporting the life cycles of mother and son; and the provision of rental income would also aid both mother and son as well as provide a reasonable rent for the couple seeking to establish themselves and start a family in Barnstable. The Board is empowered to grant a special permit to convert an ADU where an existing structure exceeds 900 sf and the structure, as redeveloped, meets the requirements of the ADU ordinance and is not substantially more detrimental to the neighborhood than the existing structure and use. This is a circumstance where the needs of the Applicant and her family dovetail with the purpose and intent of the ADU ordinance. This is a historic structure whose preservation is in part dependent on the conversion to the ADU use and where the change to the Property will be virtually unnoticeable to a passerby. It’s exactly in these circumstances in which the discretion allowed by the ordinance would be appropriately granted because the preservation of the Barn has value in maintaining the character of the neighborhood where a smaller, conforming in size but new replacement structure allowed by right arguably may not. It is also a project which has broad support in the neighborhood as witnessed by the letters of support submitted. Moreover, should the Board grant the application, the grant would not be unprecedented in terms of size, as a nearby, larger existing structure was converted to an ADU relatively recently. (Special Permit No 2024-012, 1085 Main Street, West Barnstable, allowing a 1947 street-side commercial structure to be converted into an ADU where existing structure’s gross floor area was 2,808 sf and the proposed living area was 1,671 sf. See also 2024-015, 144 Meadow Lane, West Barnstable where an existing 1,300 sf carriage house was permitted by special permit to be converted to an ADU). The conversion to an ADU, even absent the special circumstances and familial ties particular to this Applicant, makes good sense on this Property given the existing structures, the limited impact on the neighborhood and the neighborhood support for the project. The project as proposed makes exceedingly few changes to the physical appearance of the property (only OKH-approved exterior work and a conforming rear deck) which, the Applicant, along with neighbors, believe are not substantially detrimental to the neighborhood, but, in fact, are improvements, given that they promote the renovation and stabilization of the existing, historic Barn. The Applicants seeks a special permit under 240-47.2 of the Barnstable Zoning Ordinance and section 6 of the Chapter 40-A of the General Laws of the Commonwealth of Massachusetts and respectfully requests the Board to grant the special permit based on the Applicant’s application and supporting documentation.