Loading...
HomeMy WebLinkAboutSR-2022-026 Howe 33 Captain Murphy's Way No 3 BARN Family Apt SPTown of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No.2022-026 –Howe Section 240-47.1 B.(4)–Family Apartment To create a detached family apartment above the existing garage Date:May 13, 2022 To:Zoning Board of Appeals From:Anna Brigham, Principal Planner Applicants:Celeste M. Howe and Michelle A. Aceto Property Location:33 Captain Murphy’s Way No. 3, Barnstable, MA Assessor's Map/Parcel:317/031-01C Zoning:Residence F-2 (RF-2) Zoning District Filed: April 27, 2022 Hearing: May 25, 2022 Decision Due: August 5, 2022Copy of Public Notice Celeste M. Howe and Michelle A. Aceto, have applied for a Special Permit pursuant to Section 240- 47. 1 B. Family Apartments. The Applicant is seeking a Special Permit to establish a 540 square foot Family Apartment to be located in an existing detached garage. The subject property is located at 33 Captain Murphy’s Way No. 3, Barnstable, MA as shown on Assessor’s Map 317 as Parcel 031-01C. It is located in the Residence F-2 (RF-2) Zoning District. Background The subject property is a 1.08 acre lot with frontage on Captain Murphy’s Way south of Route 6A in Barnstable. The property contains three detached residential condominiums, but the subject property is Unit 3 and improved with a 2 bedroom, 1,224 square feet of living area (2,836 gross floor area), constructed in 1870. The 1.5-car garage, which is the subject of this application as well as Variance No. 2022-025, was constructed in 2005. The area is residential in nature with a variety of shaped lots. Proposal & Relief Requested The Applicants are proposing to establish a Family Apartment above the existing 1.5 car garage at 33 Captain Murphy’s Way, no. 3,Barnstable, MA.The detached family apartment requires a Special Permit pursuant to Section 240-47.1.B (4) Section 240-47.1 B (4)By special permit.The Zoning Board of Appeals may allow by special permit if: (1)A family apartment unit greater than 50% of the square footage of the dwelling. (2)A family apartment unit with more than two bedrooms. (3)Occupancy of a family apartment unit by greater than two adult family members. (4)A family apartment unit within a detached structure, with a finding that the single-family nature of the property and of the accessory nature of the detached structure are preserved. Section 240-47.1 C.Conditions and procedural requirements. Prior to the creation of a family apartment, the owner of the property shall make application for a building permit with the Building Commissioner providing any and all information deemed necessary to assure compliance with this section, including, but not limited to, scaled plans of any proposed remodeling or addition to accommodate the apartment, signed and recorded affidavits reciting the names and family relationship among the parties, and a signed family apartment accessory use restriction document. Town of Barnstable Planning and Development Department Staff Report Special Permit No.2022-026 –Howe and Aceto 2 (1)Certificate of occupancy. Prior to occupancy of the family apartment, a certificate of occupancy shall be obtained from the Building Commissioner. No certificate of occupancy shall be issued until the Building Commissioner has made a final inspection of the apartment unit and the single-family dwelling for regulatory compliance and a copy of the family apartment accessory use restriction document recorded at the Barnstable Registry of Deeds is submitted to the Building Division. (2)Annual affidavit. Annually thereafter, a family apartment affidavit, reciting the names and family relationship among the parties and attesting that there shall be no rental of the principal dwelling or family apartment unit to any non-family members, shall be signed and submitted to the Building Division. (3)At no time shall the single-family dwelling or the family apartment be sublet or subleased by either the owner or family member(s). The single-family dwelling and family apartment shall only be occupied by those persons listed on the recorded affidavit, which affidavit shall be amended when a change in the family member occupying either unit occurs. (4)When the family apartment is vacated, or upon noncompliance with any condition or representation made, including but not limited to occupancy or ownership, the use as an apartment shall be terminated. All necessary permit(s) must be obtained to remove either the cooking or bathing facilities (tub or shower) from the family apartment, and the water and gas service of the utilities removed, capped and placed behind a finished wall surface; or a building permit must be obtained to incorporate the floor plan of the apartment unit back into the principal structure. 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 240-47.1 B.(4)allows a Special Permit for a Family Apartment in a detached structure. 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 is also asked to find that: 4.The proposed family apartment would not be substantially more detrimental to the neighborhood than the existing dwelling. 5.The single-family nature of the property and of the accessory nature of the detached structure are preserved. Suggested Conditions Should the Board find to grant Special Permit No. 2022-026, it may wish to consider the following conditions: 1.Special Permit No. 2022-026 is granted to Celeste M. Howe and Michelle A. Aceto, pursuant to Section 240-47. 1 B.(4)Family Apartments to establish a 540 square foot Family Apartment to be located in an existing detached garage at 33 Captain Murphy’s Way No. 3, Barnstable, MA. Town of Barnstable Planning and Development Department Staff Report Special Permit No.2022-026 –Howe and Aceto 3 2.The site development shall be constructed in substantial conformance with the plan entitled “XXXXXXXXXXXXXXXXXXXXXX)” prepared by XXXXXXXXX dated XXXXXXXXX.The Board should note that the Applicant has not submitted a site plan or building plans. 3.The proposed development 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 240-47.1 C.Family Apartments Conditions and Procedural Requirements 1-4 of the Ordinance as follows: 1.Certificate of occupancy. Prior to occupancy of the family apartment, a certificate of occupancy shall be obtained from the Building Commissioner. No certificate of occupancy shall be issued until the Building Commissioner has made a final inspection of the apartment unit and the single-family dwelling for regulatory compliance and a copy of the family apartment accessory use restriction document recorded at the Barnstable Registry of Deeds is submitted to the Building Division. 2.Annual affidavit. Annually thereafter, a family apartment affidavit, reciting the names and family relationship among the parties and attesting that there shall be no rental of the principal dwelling or family apartment unit to any non-family members, shall be signed and submitted to the Building Division. 3.At no time shall the single-family dwelling or the family apartment be sublet or subleased by either the owner or family member(s). The single-family dwelling and family apartment shall only be occupied by those persons listed on the recorded affidavit, which affidavit shall be amended when a change in the family member occupying either unit occurs. 4.When the family apartment is vacated, or upon noncompliance with any condition or representation made, including but not limited to occupancy or ownership, the use as an apartment shall be terminated. All necessary permit(s) must be obtained to remove either the cooking or bathing facilities (tub or shower) from the family apartment, and the water and gas service of the utilities removed, capped and placed behind a finished wall surface; or a building permit must be obtained to incorporate the floor plan of the apartment unit back into the principal structure. 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 Michael Schulz) Attachments:Application