HomeMy WebLinkAboutAP - 2022-014 Brown 250 Smoke Valley Road OST SP Town Clerk Stamp
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Zoning Board of Appeals
Application for a Special Permit
For Office Use Ohl
Date APPliCaliOn Rcceived: Appaal l
Hearing Date:
Hearths,I)ue Date:
Decision Due:
Property owner: Rai A.Brown,Trustee of Robin A.Brown Living Trust and(see attached) Phone:
Property Location: 250,,PM4,yplley Road Village:Ostervil(e
City:Barnstable State:MA I Zip:02655
Address of Owner
(if different from above):
City: State: I Zip:
Assessor's Info: Map:097 I Parcel:002 Zoning District:RF Groundwater Overlay: AP
Registry Book: I Page: Document Certificatett:194225
Court Reference: Plan Book:Lot 28, LCP 5725-13 Plan Page:
Applicant's Name:' same as above Phone:
Applicant's Address: Fax#: i
City: State: I Zip;
If Applicant(s) differs from owner, state nature of interestZ
The undersigned hereby applies to the Zoning Board of Appeals for a Special Permit, in the manner and for the reasons set
forth below:
Cite Section(s) &Title(s) from Zoning Ordinance: 240-94 Nonconforming Use; alteration of a nonconforming use under
94(A) and if necessary, expansion under 94(B)
Description of Activity/Reason for Request; 11
The Applicant seeks to alter a nonconforming use by transferring the cooking element(kitchen)from the boat house to the proposed pool house.
Is property subject to an existing Special YES- Please list Appeal#(s): Y` NO
Permit or Variance:
The Applicant(s)Name will be the entity to whom the Special Permit will be issued to.
If the Appipcent(s)differs from property owner,the Applicant will be required to submit one original notarized letter lam the owner authorizing the Applicant(s)to rapneentalarn
aff.no the board,
Marcia S. Brown,Trustee of Marcia S. Brown Living Trust
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Existing Level of Development of Property—Existing Number of Buildiri
Existing Use of Property;two dwelling units(main house and boat house)
Existing Gross Floor Area: 4378 (3501 main house and 877 boat house)
Proposed Level of Development of Property—Total Number of Buildings:3
Proposed Use of Property:two dwelling units(main house and pool house) and one accessory structure(boat annex)
Proposed New Gross Floor Area: 8409 (3501 main house and 4031 000l house and 877 boat annex)
Site Plan Review Number: n/a Date Approved:
Description of Construction Activity (if applicable):
1
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Is the property located in a designated Historic District: Yes No V j
Is the building a designated Historic marls Yes No V
Is this proposal subject to approval by the Board of Health: Yes No
✓
Is this proposal subject to the jurisdiction of the Conservation Commission: Yes ✓ No
Have you applied for a building permit: Yes I
Have you been refused a building No I
y g permit: Yes V No
I
Signature: I Date:March 18, 2022
Print Name:Michael F. Schulz Phone:
Mailing Address: 1340 Main Street
City: Osterville state:MA Z1p:02655
Fax Number:508-420-1536 Email Address:mschulz@schulzlawoffices.com
Town of Barnstable
Zoning Board of Appeals DO NOT TIME
Application for Special Permit STAMP THIS PAGE
INSTRUCTIONS
Application forms are available at the Zoning Board of Appeals Office, Planning & Development Department, 367
Main Street, Hyannis, MA or by going to our website: town,barrstable.ma.us r ingBoard. Three (3) completed
application forms with original signatures, along with all required information and materials, must be time
re stamped with the Town Clerk. One copy is to remain at the Town Clerk's office and two (2) completed
® applications with materials must be submitted to the Zoning Board of Appeals office. It is strongly recommended
that before filing with the Town Clerk, to have your application reviewed by the Zoning Board of Appeals staff
located at 367 Main Street, Hyannis, MA. Failure to supply required Information is sufficient reason for a denial of
your request.
Also required will be a check made payable to the Town of Barnstable for the applicable filing fee which is non-
refundable, (see Checklist sheet for fees). Also, in accordance with Massachusetts General Law Chapter 40A §11,
w you will also be responsible for the legal ad fees once your application is advertised. Staff will inform you of the
amount of the legal ad fees which should be paid prior to the date of your hearing. The check or money order
must be made payable to the Town of Barnstable and sent to the Zoning Board of Appeals.
The Zoning Board of Appeals will hold a public hearing on your application within 65 days of the filing with the
Town Clerk and shall render a decision within 90 days of the close of the hearing unless extended by signed
mutual agreement. Cases are assigned in order of receipt and given the Board's case load, an extension form
is included in the application should it be needed. Abutters will be notified by mail, by Staff, of the date of the
public hearing for which you will be required to provide the postage for these notices. Staff will provide you
with the correct amount of stamps needed,
When the application is filed, you should be fully prepared to go forward with the public hearing. For all proposals
z that require Site Plan Review, that review must be completed prior to filing an application to the Zoning Board of
Appeals. Materials submitted thereafter shall be given to the Board Members the night of the hearing along with a
w recommended continuance date. Continuances must be mutually agreed upon and you, or your representative,
will still be required to attend the hearing and should be prepared to go forward with the application
All of the applications to the Board are reviewed by staff of the Planning & Development Department and
approximately one week prior to the hearing, a staff report written by the Board's Principal Planner, shall be
provided to you, or your representative. Cases must be presented to the Board and the public at an open public
hearing. During the hearing, public comment will be taken and inquires by the Board made. All communication
with the Board outside of the public hearing must be in writing and directed through this Board's office at 367
Main Street, Hyannis, MA.
All decisions of the Board are made at an open public hearing, The written notice of that decision shall be filed
with the Town Clerk's Office within 14 days after the Board renders the decision. A copy of that filed decision will
be sent certified mail to the applicant or applicant's representative and notices of the decision filing sent to all abutters
and persons of Interest. There is an appeal period of 20 days from the date the decision is filed with the Town
Clerk. Thereafter, and if no appeal is filed, the Town Clerk shall certify to that fact with his/her signature and seal
z
0 and return it to this office. In turn, a copy of that decision will be mailed to you via regular first class mail,
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u The decision, certified by the Town Clerk, must be recorded at the Barnstable County Registry of Deeds or Land
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o Court Office, as appropriate to your property for it to take effect. A copy of that recorded document must be
submitted to the Zoning Board of Appeals Office and is required for any building or occupancy permit application
made in reliance of the permit. The rights granted under a Special Permit shall lapse unless they are exercised
within two (2) years of the date of the filing of the decision with the Town Clerk or extended as provided for in
Section 240-125 of the Zoning Ordinance.
DO NOT TIME
STAMP THIS PAGE
Please review all applicable zoning rules and regulations prior to applying. Be prepared to present evidence that shows
your use is in harmony with the intent and purposes of the Zoning ordinance as well as the neighborhood affected (see
- Section 240-125.C(2) - Standards For Granting Special Permits). Certain special permits require additional information
and provisions that must be satisfied for the Board to issue the permit. Those additional requirements are found in the
particular section authorizing the grant of the permit.
If you are not familiar with the issues of zoning and the nature of special permits, you may wish to seek additional
advice and guidance.
For more information or to speak to a staff person, please call 508-862-4682.
Thank you.
r 'HE DO NOT TIME STAMP THIS
SHEET
Town Clerk's stamp is to be placed on
Town of Barnstable the first page of the application which
Zoning Board of Appeals is page 4 and 5 of this packet.
Special Permit Thankyou.
CHCCKLISI
The following required Information,as it applies to your application,must be submitted with the application at the
time of filing, failure to do so may result in a denial of your request.
Three(3)copies of the completed application form with materials,each with original signatures and time stamped by the Town
Clerk(One copy Is to remain at the Town Clerk's office and two(2)completed applications with materials listed below must be
submitted to the Zoning Board of Appeals office).
Materials shall include:
1. 'Wet sealed'certified property survey(plot plan)and one(1) reduced copy(8 1/2"x 11" or 11"x 17")showing the
dimensions of the land,all wetlands,water bodies,surrounding roadways and the location of the existing improvements on
the land as well as the proposed improvements.
2. Proposed site improvement plan,as found approvable by the Site Plan Review Committee(if applicable),with building
dimensions,elevations and layout as may be required plus one(1)reduced copy(81/2"x 11" or 11"x 17")of each drawing.
These plans must show the exact location of all proposed improvements and alterations on the land and to the structures.
Check made payable to The Town of Barnstable in the amount as outlined below: Fee Is non-refundable.
Single&Two Family
Home Occupation, Bed & Breakfast Special Permits $600.00
All Other Special Permits $400.00
Multi-Family
Multi-Family � 8750.00 plus 8100.00 per unit
Commercial Business& Industrial )
t Under 4,999 gross square feet of structure $750.00 (Plus$100.00 for location/traffic review of permits 1
- along Routes 132,28,6A and West Main Street, Hyannis) I
5,000 to 9,999 gross square feet of structure $1000.00 (Plus$100.00 for location/traffic review of permits
along Routes 132,28,6A and West Main Street,Hyannis)
10,000 gross square feet of structure and above $1500.00 (Plus$100.00 for location/traffic review of permits
.} along Routes 132, 28, 5A and West Main Street,Hyannis)(Plus
• $100.00 for each additional 10,000 gross square feet)
{
Time Extension 1
Six(6) Month Decision Time Extension $100.00
postage stalnpswill be required In order to notify abutters. Please contact this office for the amount of stamps needed prior to
submitting application.
If the Applicants)differs from property owner,the Applicant will be required to submit one original notarized letter from the
owner authorizing the Applicant(s)to represent them before the Board. Also, if perspective owner(s), an executed Purchase and
Sales Agreement or lease,or other documents to prove standing and interest in the pi operty will be required.
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Town of Barnstable
Zoning Board of Appeals
Agreement to Extend Time Limits
for Holding of a Public Hearing and Filing of a Decision on a
Special Permit
ZBA Appeal n: Map: Parcel:
Applicant:
Address: Village/City: State:
Date Application was Time Stamped with Town Clerk: Original Hearing Date: I
Original Decision Due: Number of Days Extended:
New Decision Due Date:
In the matter of:
Appk.w(,):
the Applicant(s) and the Zoning Board of Appeals, pursuant to Massachusetts General Laws, Chapter 40A, Section 15,
agree to extend the required time limits for the holding of a public hearing and filing of a decision on this application
for a Special Permit for a period of_, days beyond that date the hearing was required to be held and the decision
was to be filed. This extension requires that the decision be filed 14 days after the decision is rendered by the Zoning
Board of Appeals and that the decision be filed no later than:
In executing this Agreement, the Applicant(s) hereto specifically waive any claim for a constructive grant of relief
based upon time limits applicable prior to the execution of this Agreement.
Signatures
Applicant(s) Zoning Board of Appeals
Print Name: Print Name: j
Signature I Signature:
Date: Date: 1
Zoning Board of Appeals
Planning& Development Department
367 Main Street,Hyannis,MA 02601
Phone: 508-862-4682 Fax: 508-862.4784
cc Town Clerk
Applicants)
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