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Home My WebLink AboutD-2024-012 Sawayanagi 1085 Main St WB ADU SP Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit No. 2024-012 – Sawayanagi Section 240-47.2 C. (4) – Accessory Dwelling Unit (ADU) To create a detached accessory dwelling unit that exceeds the allowable size by 771 square feet Summary: Granted with Conditions Applicant: Junichi (Jimmy) Sawayangi Property Address: 1085 Main St, West Barnstable, MA Assessor's Map/Parcel: 178/004-002 Zoning: West Barnstable Village Business District (WBVBD) Hearing Date: April 24, 2024 Recording Information: Book: 21793 Page: 0345 Background Junichi Sawayanagi applied for a Special Permit in accordance with Section 240-47.2 C. (4) Accessory Dwelling Units (ADUs). The Applicant proposed to change the use of the existing front accessory structure from commercial use (previously a framing business) to residential use as a 1,671 square foot Accessory Dwelling Unit which exceeds the 900 square foot as-of-right limit. The subject property is located at 1085 Main Street, West Barnstable, MA as shown on Assessor’s Map 178 as Parcel 004-002. It is located in the West Barnstable Village Business District (WBVBD) Zoning District. The subject property consists of a 1.01 acre lot with frontage along Main Street/Route 6A in West Barnstable. According to the Assessors records, there are two separate structures on the lot. The structure in the front is a former dwelling converted into a framing business with living area of 1,671 square feet (2,808 gross square feet) constructed in 1947. The dwelling to the rear consists of 3- bedrooms, 2,592 square feet of living area (6,260 gross) constructed in 2007. The area consists of a variety of shaped lots with a majority of the lots containing residential dwellings. Procedural & Hearing Summary Appeal No. 2024-012, a Special Permit in accordance with Section 240-47.2 C. (4) Accessory Dwelling Units (ADUs) to change the use of the existing front accessory structure from commercial use (previously a framing business) to residential use as a 1,671 square foot Accessory Dwelling Unit which exceeds the 900 square foot as-of-right limit at 1085 Main Street, West Barnstable, MA was filed at the Town Clerk’s office and the office of the Zoning Board of Appeals on March 26, 2024. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters and interested parties in accordance with MGL Chapter 40A. The hearing was opened on April 24, 2024 at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were: Jake Dewey, Herbert Bodensiek, Mark Hansen, Aaron Webb, and Manny Alves. The Applicant, Junichi “Jimmy” Sawayanagi, presented the application before the Board. Mr. Sawayanagi reviewed the history of the property when he purchased it in 2002. He and his family lived in the front structure and completed the permitting process to open a frame shop. He later constructed the rear single-family dwelling. He stated both structures have separate septic systems adequate for the number of bedrooms. He reviewed the issues of selling the property and how the potential buyers have trouble securing financing, so he has decided to rent out the front building as Town of Barnstable Zoning Board of Appeals – Decision and Notice Special Permit No. 2024-012 – Sawayanagi 2 an Accessory Dwelling Unit for additional revenue. Mr. Sawayanagi stated that the Health Department told him that only 1 bedroom is allowed in the front structure even though the septic system is sized for 3 bedrooms. The Board Chair requested public comment. No testimony was given. The Board discussed the living area in the proposed ADU and they agreed that the actual living area is slightly less than stated in the application. The Board discussed the location of the entrance and under the Ordinance the ADU must have a non-prominent entrance, but they agreed that the structure should remain as is to ensure no impact on the neighborhood. Findings of Fact At the hearing on April 24, 2024, the Board unanimously made the following findings of fact in Special Permit Application No. 2024-012 a request for a Special Permit for an Accessory Dwelling Unit (ADU): 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Section 240-47.2. C. (4) allows a Special Permit for an Accessory Dwelling unit that exceeds the allowable size. 2. Site Plan Review is not required for single-family residential dwellings. 3. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. The Board found that as there are no changes proposed to the existing structure, there would be no detriment to the neighborhood. The vote to accept the findings was: AYE: Jake Dewey, Herbert Bodensiek, Mark Hansen, Aaron Webb, and Manny Alves NAY: None Decision Based upon the findings a motion was duly made and seconded to grant the Applicants the relief being sought with the following conditions: 1. Special Permit No. 2024-012 is granted to Junichi Sawayanagi in accordance with Section 240- 47.2 C. (4) Accessory Dwelling Units (ADUs) to change the use of the front accessory structure from commercial use (previously a framing business) to residential use as a 1,671 square foot Accessory Dwelling Unit which exceeds the 900 square foot as-of-right limit at 1085 Main Street, West Barnstable, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Plan showing the design of a subsurface sewage disposal system ay 1085 Route 6A in Barnstable (West Barnstable Mass” by CapeSurv dated August 10, 2006. There are no site changes being proposed with this application. 3. The proposed use shall represent full build-out of the lot. Further development of the lot or construction of additional accessory structures is prohibited without prior approval from the Board. 4. The Applicant must comply with the restrictions in Section 240-47.2 C. Accessory Dwelling Units Procedural Requirements 1-3 of the Ordinance as follows: . (1) An ADU that conforms to the requirements contained herein shall be permitted as an accessory use to a lawful single-family dwelling use, except that no ADU shall be permitted Town of Barnstable Zoning Board of Appeals – Decision and Notice Special Permit No. 2024-012 – Sawayanagi 3 on a lot at the same time either an affordable accessory apartment exists on that lot pursuant to Chapter 9, Article II, §§ 9-12 through 9-16, of the General Ordinances of the Code of the Town of Barnstable or as a family apartment exists on that lot pursuant to § 240-47.1. (2) Prior to issuance of a building permit for an ADU, site plans, floor plans and elevations shall be submitted showing the proposed interior and exterior changes to existing buildings or new buildings and improvements on a lot associated with a proposed ADU. (3) The construction of any accessory dwelling unit must be in conformity with the federal, state, and local laws and regulations, including all historic, and Old King's Highway requirements if applicable. 5. All mechanical equipment associated with the dwelling (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 6. The decision shall be recorded at the Barnstable County Registry of Deeds and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to the issuance of a building permit. The rights authorized by this special permit must be exercised within two years, unless extended. The vote was: AYE: Jake Dewey, Herbert Bodensiek, Mark Hansen, Aaron Webb, and Manny Alves NAY: None Ordered Appeal No. 2024-012, a Special Permit in accordance with Section 240-47.2 C. (4) Accessory Dwelling Units (ADUs) to change the use of the existing front accessory structure from commercial use (previously a framing business) to residential use as a 1,671 square foot Accessory Dwelling Unit which exceeds the 900 square foot as-of-right limit at 1085 Main Street, West Barnstable, MA has been granted subject to conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within two years unless extended. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable Town Clerk. _________________________________ __________________ Jake Dewey, Chair Date Signed I, Ann Quirk, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this ________ day of __________________ under the pains and penalties of perjury. ___________________________________ Ann Quirk, Town Clerk