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HomeMy WebLinkAboutD-2024-015 Singh 144 Meadow Lane WB ADU SP Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit No. 2024-015 – Singh Section 240-47.2 C. (4) – Accessory Dwelling Unit (ADU) To create an accessory dwelling unit in existing space that exceeds the allowable size by 400 square feet Summary: Granted with Conditions Applicant: Swapna Singh Property Address: 144 Meadow Lane, West Barnstable, MA Assessor's Map/Parcel: 133/026 Zoning: Residence F (RF) Hearing Date: May 8, 2024 Recording Information: C1487371/0 Background Swapna Singh applied for a Special Permit pursuant to Section 240-47.2 C. (4) Accessory Dwelling Units (ADU’s). The Applicant proposed to use the existing 1,300 sq. ft. accessory structure, attached by a roof to the principal dwelling and formerly an exercise room, as an ADU, which exceeds the allowable size by 400 sq. ft. There is no new development proposed. The subject property is located at 144 Meadow Lane, West Barnstable, MA as shown on Assessor’s Map 133 as Parcel 026. It is located in the Residence F (RF) Zoning District. The subject property consists of a 1.65-acre lot with frontage along Meadow Lane, off Main Street/Route 6A in West Barnstable. According to the Assessors records, there is one 2,369 square foot (11,111 gross) single family dwelling with 4 bedrooms, and it was constructed in 1984. The area consists of a variety of shaped lots containing residential dwellings. Procedural & Hearing Summary Appeal No. 2024-015, a Special Permit pursuant to Section 240-47.2 C. (4) Accessory Dwelling Units (ADU’s) to use the existing 1,300 sq. ft. accessory structure, attached by a roof to the principal dwelling and formerly an exercise room, as an ADU, which exceeds the allowable size by 400 sq. ft. at 144 Meadow Lane, West Barnstable, MA was filed at the Town Clerk’s office and the office of the Zoning Board of Appeals on April 9, 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 May 8, 2024, at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were: Jake Dewey, Larry Hurwitz, Paul Pinard, Aaron Webb, and Manny Alves. The Applicant, Swapna Singh, presented the application before the Board. She stated there are four garages on the property and the area proposed to be converted to an ADU is currently an exercise room above one garage. Ms. Singh stated she is working on septic compliance with the Health Department and working with the Building Department on Building Code compliance. She also stated the proposed ADU will be two bedrooms. The Board Chair requested public comment. No testimony was given. The Board discussed the ADU Ordinance and were comfortable granting the Special Permit for additional square footage since the structure exists. Town of Barnstable Zoning Board of Appeals – Decision and Notice Special Permit No. 2024-015 – Singh 2 Findings of Fact At the hearing on May 8, 2024, the Board unanimously made the following findings of fact in Special Permit Application No. 2024-015 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, Larry Hurwitz, Paul Pinard, 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. 2024-015 is granted to Swapna Singh pursuant to Section 240-47.2 C. (4) Accessory Dwelling Units (ADU’s) to use the existing 1,300 sq. ft. accessory structure, attached by a roof to the principal dwelling and formerly an exercise room, as an ADU, which exceeds the allowable size by 400 sq. ft at 144 Meadow Lane, West Barnstable, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Certified Plot Plan” by Edward Kelley, Certified Land Surveyor, dated June 1, 1993. 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 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. Town of Barnstable Zoning Board of Appeals – Decision and Notice Special Permit No. 2024-015 – Singh 3 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, Larry Hurwitz, Paul Pinard, Aaron Webb, and Manny Alves NAY: None Ordered Appeal No. 2024-015, a Special Permit pursuant to Section 240-47.2 C. (4) Accessory Dwelling Units (ADU’s) to use the existing 1,300 sq. ft. accessory structure, attached by a roof to the principal dwelling and formerly an exercise room, as an ADU, which exceeds the allowable size by 400 sq. ft. at 144 Meadow Lane, 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