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HomeMy WebLinkAboutAP - 2022-012 Anderson ATT A A I .I 9AP'lI-STi�- t i -09 AUG -4 P3 :44 Do�e1r123r7L'2 t]S—Y6— t70`3 1a01 ( 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. j � 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 li 2 i � IE II� Town of Barnstable,Zoning Board of Appeals-Decision&Notice Special permit No.2009-039—Laugharn- Demolition Rebuild Special Permit I i i 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. y 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, I 3 . 9 Town of Barnstable,Zoning Board of Appeals Decision&Notice Special permit No.2009.039—Laugharn- Demolition Rebuild Special Permit E 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. t 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 ' � 1 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 f W J Linda Hutchenrider, a I ii 'syjy's &i:�:••3a'rJ i i 4 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. 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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. IefaquaslingUiemodillceliontopemYtdavelooppmedalduse0jt(ie� prosedyinacadeneewTha Dis.sgaplpnsueriILedeadto alibA ;; Igosior;geafaddgknalmaldids,employm2ntofmateliianlWenly"' (20)pepone,IndudelaMled An eonryWrolkk' 016a'lot Piavke " lorheavyduywlulpmanlettfies0eaAdalloWfd AID Atwtralof `I dobvenutothesile; TeeiueleetpI ii is [as 'Ffm181"Marslons Mille,Mq,add'' 11hmW1An Map,.:. - 123eepe"Isoo" and004A07. Biszon'0 dengd Fsnd-' :7 ' . Me0r0undmalefndkcdo0:Oveday :OOPM. 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