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( Town of Barftta!reTABLE LAND COURT REGISTRY
Zoning Board of Appeals
Decision and Notice
Special Permit No.2009-039-Laugharn
_ Special Permit•Section 240.91.E-1 (2)Demolition and Rebuilding by Special Permit
To demolish the existing structure and rebuild a new single-family dwelling based on existing setbacks and not in
1 yy��--�- conformance with current setback requirements.
&7 Summary: Granted.with Conditions
Petitioner: James and Justine Laugharn
Property Address: 100 Bay View Road,Barnstable,MA
t`( Assessor's Map/Parcel! Map 319 as parcel 030
Zoning: Residence B Zoning District
'fir-,
ys Relief Requested and Background:
In Appeal 2009-039, the petitioner sought a special permit to demolish the existing dwelling on the
undersized lot and rebuild a new single-family dwelling. The subject property is a 22,215,sq.ft. lot
with 12,100 sq.ft.of upland. The lot borders on Barnstable Harbor and Is accessed off Bay View Road
at Sunset Lane. The lot was originally created in 1941 by a Land Court Plan No. 17933-A,and is
shown on that plan as Lots No. 19 and 20. In 1973,a"Beach Lot", Lot No.213, is shown on Land
Court Plan 17933-H,Sheet 2 of 2,which was added. The applicant's James and Justine Laugharn
vC%purchased the property in 2007.
�CT The property is located in that area known as"Common Fields". The area was developed with single-
- F- story seasonal cottage structures on small lots and has been undergoing changes w year round homes
through renovation, expansion,and demolition and rebuilding. The area is served by public water
!}D and Town sewers.
The existing dwelling is situated 9.5 feet off a Way located on the easterly side of the lot. The way
provides access to the beach area. Although the Way is only 10-feet wide it still requires a 20-foot
ry° front yard setback. The proposed location of the new dwelling is based upon the location of the
existing dwelling. A special permit pursuant to Section 240-91.1-11(2)Is required to maintain the
q existing nonconformity In the yard setback. The existing and proposed new dwelling conforms to all
other zoning requirements.
The Assessor's record indicates the existing structure on the lot dates back to 1920. it is a 1&Wstory,
1,360 sq.ft.,three-bedroom,single-family dwelling with a 238 sq.ft.deck and a small shed. The
applicant is proposing to build a new two-story structure with a total of gross area of 2,334 sq.ft.,
including a second floor screened porch. The proposal includes an open deck of 324 sq.ft.and a
detached one-story,one-car garage of 400 sq.ft, The footprint of all buildings and structures total
1,936sq.ft.
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Town of Barnstable,Zoning Board of appeals—Decision&Notice
Special permit No.2009-039—taughom• Demolition Rebuild special permit
Procedural&Hearing Summary:
This appeal was filed at the Town Clerk's office and at the office of the Zoning Board of Appeals on
June 10,2009, A public hearing before the Zoning Board of Appeals was duly advertised and notice
sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened July 22,2009,at
which time the Board found to grant the Special Permit subject to conditions, Board Members
deciding this appeal were,James F. McGiilen,William H. Newton, Michael P. Hersey, Craig G,
Larson, and Board Chair, Laura F. Shufelt,
1 Chris Childs of Patriot Builders represented the applicant, He presented the plans for the
redevelopment of the dwelling noting that it is built in exactly the same location as the existing
dwelling and on the same footprint. The only expansion is on the second floor and a detached one-
car garage is to be added..The location of the existing dwelling does not conform to the required 20
foot setback off the 10-foot way situated to the east of the lot. The location of the building is being
maintained so that the building will intrude no closer to wetlands located to the west.
i I Mr.Childs stated that the Old King's Highway Historic District Commission has issued a Certificate for
Demolition for the existing dwelling and a Certificate of Appropriateness for the new structure, The
I; plans have been before the Conservation Commission and an Order of Conditions issued.
Mr.Childs noted that the proposed building conforms to all requirements for the demolition/rebuild
permit,
Public comment was requested.Ms Jeanette Ennis of 72 Bay View Lane raised concerns about the
possible moving of a utility pole situated close to the driveway to the lot. She questioned if the access
way was going to be widened and/or moved. Mrs. Marilyn Cataldo of 119 Sunset Lane also
' expressed concern for the relocation of the utility pole. The Board, in discussion with the abutters and
Mr,Childs determined that the pole is a Nerizon"pole, located in the public way and apparently old
and in need of replacement.
The Board Chair noted a letter from Mr.August W,and Ellen M. Gruhn of 75 Harbor View Road was
submitted to the file expressing their concem that proposed vegetation bordering the wetland area
would not block their view to the Harbor.
Findings of Fact:
At the hearing of July 22,2009,the Board unanimously made the following findings of fact:
1. Appeal No. 2009-039 is that of James and Justine Laugharn seeking a Special Permit pursuant to
Section 240-91-H(2) Nonconforming Lot—Developed Lot Protection. The petitioner is seeking a
j f special permit to allow for the demolition of the existing dwelling and the rebuilding of a new
single-family dwelling on the undersized lot. The location of the proposed dwelling is based upon
the location of the existing structure and does not conform to the required front yard setback off
! the Way situated to the west of the lot. The property is addressed as too Bay View Road,
Barnstable,MA,and is shown on Assessor's Map 319 as parcel 030. It is in a Residence B Zoning
District.
I, 2. The proposal conformance to the requirements of Section 240-91.1-1. The lot coverage by building
and structures totals 1,936 sq,ft.,or 16% of the tot coverage and that coverage complies with the
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Town of Barnstable,Zoning Board of Appeals-Decision&Notice
Special permit No.2009-039—Laugharn- Demolition Rebuild Special Permit I
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20% limitation, The total gross area of all building is 2,693. That represents a Floor Area Ratio of
0.22 which is below the maximum of 0.30. The height of the building to ridge is 9.4 feet which
complies with the 30-foot height limitation to highest plate.
I ' 3. The proposed new dwelling is to be situated on the exact footprint of the existing dwelling and in
that context the proposed new building would not be substantially more detrimental to the
neighborhood than the existing dwelling.
4. This application falls within the category specifically excepted in the ordinance for a grant of a
special permit;The lot area and the setback of the existing structure are legally created,pre-
existing nonconformities and therefore,the application falls within the category specifically
excepted in the ordinance for a grant of a special permit;
5. Based upon the evidence presented,and the fact that the proposed buildout of the lot is actually
less that that allowed under the Ordinance,this proposal fulfills the spirit and intent of the Zoning
II Ordinance. With conditions to protect neighborhood concerns,this proposal would not represent
a substantial detriment to the public good or the neighborhood affected.
Decision-
Based on the findings of fact,a motion was duty made and seconded to grant a special permit
pursuant to Section 240-91 H(2)for the demolition and reconstruction on an undersized lot not in
conformity to the required front yard setback off the way located to the west of the lot subject to the
following conditions:
1. Redevelopment of the lot shall be as proposed in plans submitted,
• The site plan is entitled: "Mr,James&Mrs.Justine taugharn—Site Plan:Showing Proposed
Addition and Garage 100 Bay View Road, Barnstable, MA"as drawn by J.M.O'Reilly&
I. Associates,Inc.,dated 02/13108, last revised date of 06/11/09.
The house plans are entitled:Jim and Justine Laugharn Residence 100 Bay view Road,
Barnstable, MA" as drawn by Patriot Builders, last revised date of 06-29-09. For the record,
that plan is based on the earlier plan dated 5-28-09 with the-alteration of the top of the
foundation being located at 18.5 feet elevation. _
t 2. The dwelling to be built is limited to that shown on the above plans, The dwelling-shalt:not ~ �
G exeeed.three°bedrooms as defined by the,BQardof Health-and shall be connected to public water J
and Town sewers.
i' 3. Construction shall comply with;all applicable Building Division requirements,the Certificate of
Appropriateness issued by the Old Kings Highway Commission, and the Order of Conditions
issued by the Conservation Commission.
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4. In re-vegetating the border of the wetland area,the applicant,in consultation w'th the
Conservation Agent, shall select those approved species from the Conservationt`Commission's
adopted list of"Trees&Shrubs for Coastal Environments" using those identified as low shrubs on
that I ist,
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Town of Barnstable,Zoning Board of Appeals Decision&Notice
Special permit No.2009.039—Laugharn- Demolition Rebuild Special Permit
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i 5. All alterations and improvements within the public right-of-way shall be reviewed�and approved
by the Town Engineer prior to any activity being carried on in the way.
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6. During all stages in the demolition and reconstruction ofthe dwelling;all vehicles`,equipment and
materials associated with the demolitionlreconstruction shall be required to be located on-site with
the exception that another neighboring property may be used only if permission is granted by the
property owner.
7. At no time will any parking,storage of construction materials or items be permitted in the right-of-
way of Bay View Road or Sunset Lane except as may be needed for roadway improvements,
landscaping purposes or for utilities and then only on a temporary basis.
8. All mechanical equipment associated with the dwelling(air conditioners,electric generators,etc.)
shall be located so as to conform to the required setbacks for the district and screened from
neighboring homes and the public right-of-way.
9. This decision must be recorded at the Barnstable Registry of Deeds and a copy of that recorded
document must be submitted to the Zoning Board of Appeals office and to the Building Division
before any demolition or building permit is issued.
The vote was as follows:
AYE: James F,McGillen,William H. Newton,Michael P. Hersey,Craig G. Larson, Laura F.Shufelt
NAY: None
Ordered:
Special Permit No.2009-039 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
P: years. Appeals of this decision, if any,shall be made pursuant to MGL Chapter40A,Section 17,
within twenty(20)days after the date of the filing of this decision. A copy of which must be filed in
Ike office of the arnstalale Town Clerk. u
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Laura F.S ufelt, air DateDate ig
I,Linda Hutchenrider, 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 "been filed in the office of the Town Clerk s �c"`t`rttl
f .......... rl
Signed and sealed this day of �t�. _,7 under the pains and ties of ur}=®� f
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J Linda Hutchenrider,
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Zonina Board of Appeals (ZBA) Abutter List for Mau & Parcel(s): '319030'
Parties of interest are those directiv opposite subject lot on any public or private street or wav and abutters to abutters. .
Notification of all nrouerties within 300 feet ring of the-subiect lot.
IMa,pp$Parrxl 60wnerl �j,T��p pp�� - - - _ _ y TA�8VI'HA 0263C
137901300Y 7JlRS:JO E&JOANNEM -- _ --_ -I-' �1' �nF O( \1m1 1x ft USA C127632
'1(�d ALdne z MaT+ C' counlN
31901E PEI 1CNARD&JANICE M EH.A
WYARMOUTH.fAh02673 USA C755164318020 LEWIS.JONR&ELVAO C'159010
319021 ALBANESE UNAD F,TRS 061RRSVCCASLE TRUST' C1 D HALBANESE 220 CENTER$1,APT 3t4 W XBURLY MA 02132403! IUSA CS8853D
W025 TRASK.BARBARACTR JTPASKFAMILYTRUST _ NF !?D APT64.9 AUBURN IE04210 USA C123451
82
91902E SST
METCAIFE}j, NNf5 :R1 I t ^S� BARNSTABLE.ON.hiA0E830 USA CISUSA S435 -
SI9027 FATALDD, - I _- - - - - .
3t9028 SOUZ4.MAR(EM 1N _ _ a"STABLE,MA02WO ��Ct62618
31902E CATAL00,PETERF&JUSTINN THE 178 SUNSET UK RLTY TRUST O>< SH MA 02070 USA C141804
3'19030 LAUPJTZ.J HNFTR JUSTINE _-- I1I Q(Wd SUN PARK F ACIT01374fi 2DWV3tl
1'319031 MAURITZ.JDHN FTR M.°°����REALTYI'RUST'__._— .. 91i H.L7.S "l� ! FRAMINGHAM.MA 6tT01 20693/314
319M RAD7JSMWSKI.JOHN %RAVZISZEFIMMARHTRS ,O(1WFA STREET _ MMEEOFQ02[{0.MA 02t55 2277arw
SIMS ENNISMMA�.EANt� EA pp �J� - {p� V�ARNSTABLE MA02830 USA CT60081
379034 JO319047 DOHEKN. D J&DR'.0Efl F _ _ _ .� _ N~ WESTFORD,EE, 0tee6 USA C33882
SI9048 GRUHN,AUGUSTW&ELLEN MTRIS_ 'HEGRUKNFAWYTFj&1 - - - 5 LE RO - - - -ME FIE.faLtAA0205 MA 023D USA 145BJf04
3190a9 OSCHE6.ACFRED3JR '�OSCHE9 ANDREAL .- - POBOX6 _ - - 4RNSTAB�� 3N02630 USA 456926E
329050 �ITLYONS.PETERM - _ _ -- - ST MGM MA 0204E 12190252
319054 !jt(ITCHELLRATE& ',PITCHER.AUCEt - - 4RNSTPBLE.MA02690 2044121t
\._. _ -RAWTASLE.MA 026W 1330"W
II 919032 Uzi,gICHARD Gj, - D1{O)( A _ 9q�F1
7319053 SIT MOE.ROBERT1 - -_ WEE
E FANULY IRREVOCABLE TRUST OSOX74dARIG=T3f; PEk14 .STABLE MA02M L i3S2QXW
1319054 SOUDAY.OANIEL & _ _
I�31aw VOSVHS JOSEPHS.ROBERTAB ;THE C-FORGE'm�yST r{ r T ,.- B'^A'�R`/N ABLE MA 02630 VSA 11247123t
1319057 YAY OCAWi.THWOMAS&&M1M1EtAA��GARET — - j /Pn 6EFIt:ERD - _ __- �$O_-G.`R�AFTON,MAA 00156600 I id1939f146
51905a RUSCITTO.ROBERTA&5/6TTEJ t^MTREE,MADMIa4 USA 11T29224
IRGINIA C OLDFRSHAW REV LNING
31905E CANDELA.
C.jR RT ^1F yR l3`fl AMMERSLD.MA 002 USA 22166t19%7144
319060 CANDEIA SIEVEN I.ET A1. - � - 3xF �t 1♦} - }}NN IELD.MA02D48 USA 196CiT/741
319067 BENNETT.ALANR - - . . 4847 PDXHAI:L CRE CENT NVV b"WAM�CON,OG20007 3J USA �BZS $
SIEGES CONTLELLENL&S EETMETALS %GEORGESTREFTL4C - - 12 PARSONS DRNF _
51908E DINMERG�If(�U(]2�TpJ9Jyy�T1`'�I�T�( 1w H t ..tM7. _ _ _ �L_Iy jg dLS MA 02g4g z190W 7a
13t9DM WATCC OMA511 (T PoRAHA _ ........ i IIHTfr�Eit .1 MAR '
((C6f' MART6PENT FN4ILY TRUST. USEWAY ST APf 815 BOSTON.MA021t L2108. USA 7324/3ga
1319072 fRATK�IU,MAR dd�1 - 1112 PERKIOMENVILLE RD PERKIDMENVa.LE.PA 16074 2130%292
131SW3 JUDGE,STEPHEN _ TAL 1 42 POTASH RD - _ P.NEFIELD.MA 02045 USA IEIW31234
J319W _.____LUDID4G.RO ___ _
�RR jg�`'3iW LUDWiG03LN&JGIRUST PoSO - ARNSTABLE.MA 02W0 US4 Ct74476
13ISIS3 PIZZI,PAUL I-% AN. ... - +mv 17 KOX OPLACE. I _. -_ KL'N.MA02J08 .115E 9523/022
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".TQVM OF BARNSTABLE ZONING BOARD OF APPEALS
NQTIGEOF PUBLIC NEARING _
„ _.:UNOBR TNEZONING ORDINANCE ;
'JULY 22 2000 - `
.10 all persods Irb(wA in,a Zleel by Ihs Zdning Board oV=
Appeals under"Section 11;oICtAPIw40Adthe General LAWS of-
. Ma eemmaraadlNolMeseaehue0e,and dl:rfierdrcssitedle7gb.,:
yw are hemby notified lean
. 710DIPM Appeal Na.2008b36
JoyuAReallyAcqutsllloul,LLC.
JoycafteelyAcpdationo \fA&A No:
pel.d"nde.-Thabno:sae
applied lore modification oFVedanca No:199&10.andus pficarsj.
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Proiemon Oveday Didaci: ' ' - ':
. 7:60 PM '.APP4e1Nd,200MV; iLaWhsai -
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pupuant to Sedlon24001.H(2)Mmconfarming Lot-Dmebped_ •�
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Jury 300 Jury 10 2009 I
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BARNSTABLE REGISTRY OR DEEDS