Loading...
HomeMy WebLinkAboutSR-2022-012 Anderson 100 Bay View Rd BARN mod NC SPTown of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No.2022-012 –Anderson Modification of Special Permit 2009-039 Section 240-91 H. (2)Demo and Rebuild by Special Permit To allow the modification of Special Permit 2009-039 Condition No. 2 for an additional bedroom Date:March 29, 2022 To:Zoning Board of Appeals From:Anna Brigham, Principal Planner Applicant:Donald Anderson Property Address:100 Bay View Road, Barnstable, MA Assessor's Map/Parcel:319/030 Zoning:Residence B (RB) Filed:March 4, 2022 Hearing:April 13, 2022 Decision Due:June 12,2022 Copy of Public Notice Donald Anderson has applied for a modification of Special Permit No. 2009-039 pursuant to Section 240-91.H (2) Demolition and rebuilding by Special Permit. The Applicant seeks to construct an additional bedroom above the existing garage. This alteration requires a modification of Special Permit 2009-039 Condition No. 2 which reads: “The dwelling to be built is limited to that shown on the above plans. The dwelling shall not exceed three bedrooms as defined by the Board of Health and shall be connected to public water and Town sewers.” The subject property is located at 100 Bay View Road,Barnstable, MA, as shown on Assessor’s Map 319 as Parcel 030. It is located in the Residence B (RB) Zoning District. Background The subject property is a 0.51 acre lot with frontage on Bay View Road where it intersects with Sunset Lane,overlooking Barnstable Harbor in Barnstable Village.The subject lot is improved with a 3-bedroom dwelling containing 1,828 square feet of living area (3,014 gross),a 1-car garage,and constructed in 2009.The lot is served by public water, gas, and sewer.The residential neighborhood consists of small lots. Proposal & Relief Requested Donald Anderson has applied for a modification of Special Permit No. 2009-039 pursuant to Section 240-91.H (2) Demolition and rebuilding by Special Permit. The Applicant seeks to construct an additional bedroom above the existing garage. This alteration requires a modification of Special Permit 2009-039 Condition No. 2 which reads: “The dwelling to be built is limited to that shown on the above plans. The dwelling shall not exceed three bedrooms as defined by the Board of Health and shall be connected to public water and Town sewers.” In Appeal No.2009-039, the Applicants sought a special permit to demolish the existing dwelling on the undersized lot and rebuild a new single-family dwelling. The lot was originally created in 1941 by a Land Court Plan No. 17933-A, and consists of Lots Number 19 and 20. The lot was enlarged in 1973 with the addition of a “Beach Lot”, Lot No. 213 as shown on Land Court Plan 17933-H. The Applicants were James and Justine Laugharn who purchased the property in 2007. . Town of Barnstable Planning and Development Department Staff Report Special Permit No.2022-012 Anderson 2 Section 240-91(H)(2)requires a special permit for all demolition and rebuilding projects if the proposed demolition and rebuilding cannot satisfy the criteria under Section 240-91(H)(1) “As of Right”: Lot Coverage:16%(20% maximum)–3,554 square feet (4,443 square feet allowed) Floor-Area Ratio:26%(30% maximum)–5,775 square feet (6,664 square feet allowed) Building Height:22.9 feet to plate (30 feet maximum allowed) Proposed Special Permit Findings For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C). The Board should review the evidence presented by the Applicant, staff, and members of the public and, after weighing such evidence, is encouraged to articulate if and how the evidence contributes to each of the required findings. 1.The application falls within a category specifically excepted in the ordinance for a grant of a special permit.Section 240-91(H)(2)allows for demolition and rebuilding on a nonconforming lot.This request is to modify Special Permit No. 2009-039 Condition No. 2 to allow one additional bedroom. 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. Further, Section 240-91(H)(2) requires the Board to find that if the proposed demolition and rebuilding cannot satisfy the criteria established is H(1) As-Of-Right, then the Board may allow the demolition and rebuilding by Special Permit provided the Board finds that: 1.The proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building.The setbacks are unchanged. 2.The proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater.The proposed lot coverage is 16%. 3.The floor area ratio shall not exceed 0.30 or 30% the existing floor area ratio of the structure being demolished, whichever is greater.The proposed FAR is 26%. 4.The building height, in feet, shall not exceed 30 feet to the highest plate and shall contain no more than 2 ½ stories.The proposed height is approx.22.9 feet to plate (30 feet maximum)and is 2 stories. 5.The proposed second story addition to the garage would not be substantially more detrimental to the neighborhood than the existing dwelling. Suggested Conditions Should the Board find to grant the Special Permit No. 2022-012, it may wish to consider the following conditions: 1.Special Permit No. 2022-012 is granted to Donald Anderson to construct an addition containing one bedroom above the existing garage. This alteration requires a modification of Special Permit 2009-039 Condition No. 2 which reads: “The dwelling to be built is limited to that shown on the above plans. The dwelling shall not exceed three bedrooms as defined by the Board of Health and shall be connected to public water and Town sewers.” The subject property is located at 100 Bay View Road, Barnstable, MA. Town of Barnstable Planning and Development Department Staff Report Special Permit No.2022-012 Anderson 3 2.The site development shall be constructed in substantial conformance with the plan entitled “Certified plot plan showing garage at 100 Bay View Road, Barnstable, MA”by Patriot Builders dated June 1, 2010 and floor plans and elevations by Patriot Builders dated February, 28, 2022. 3.The proposed redevelopment shall represent full build-out of the lot. Further alteration or expansion of the dwelling or construction of additional accessory structures is prohibited without prior approval from the Board. 4.The total lot coverage of all structures on the lot shall not exceed 16% and the floor-area ratio shall not exceed 26%. 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. Copies:Applicant (c/o Attorney Karla Chaffee) Attachments:Application Site Plan