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Home My WebLink About0074 LADD ROAD w, e I f l t�J NO. 1521/3 BGR Uff 10% 0 0 0 THIS DOCUMENT HAS Town of Barnstable NOT BEEN RECORDED ; Zoning Board of Appeals FILE COPY ONLY! Decision - Notice of Withdrawcl Appeal Number 1999-121 -Meany Special Permit Pursuant to Section 4-4.3(2)Nonconforming Buildings or Structures Used as Single and Two-Family Residences Summary: Withdrawn Without Prejudice Petitioner: Philip E. Meany,Jr. Property Address: 74 Ladd Road,Centerville Assessor's Map/Parcel: Map206, Parcels 056.002&057 Area: Parcel 056.002-0.39 acre, Parcel 057 0.31 acre Zoning: , RD-1 Residential D-1 Zoning District . Groundwater Overlay: AP Aquifer Protection District Background: The property consists of two lots totaling 0.70 of an acre:. Parcel 056.002 consists of D.39 of an acre and is presently vacant. Parcel 057 consists of 0.31 of an acre and is improved with.a two-story, colonial style single-family residence with a living area of approximately 2,150 sq. ft. The property is located in an RDA .. Residential Zoning District and is serviced by public•water:and a priVate'septic system. There is a minimum 30'front yard, 10'side yard and 10' rear yard.setback required in RD-1 Districts. The petitioner is proposing to construct a 384 sq. ft. addition to.the northwest side of the existing dwelling . which will encroach into the minimum required front yard. .The.proposed addition is a one-car garage with one room over the garage area and will be situated 6.5 feet from the front property line. The existing dwelling is currently nonconforming, being situated approximately 14 feet from the front property line off Ladd Road. The petitioner has applied for a Special Permit pursuant to Section 4-4.3(2) Nonconforming Buildings or Structures Used as Single and Two-Family Residences,to permit the proposed addition to be located 6.5 feet from the front property line; an additional encroachment of 7.5 feet into the minimum required 30 foot front yard. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 6, 1999. A 30 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened October 13, 1999, at which time the Board, per applicant's request, granted a withdrawal without prejudice. Hearing Summary: Board Members hearing this appeal were Ron Jansson, Gail Nightingale, Richard Boy, Tom DeRiemer, and Chairman Emmett Glynn. Attorney Michael Stusse represented the applicant. Attorney Stusse requested, and the Board agreed, to hear both Appeal Number 1999-121 and Appeal Number 1999-122 together. r i Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-121 -Meany Special Permit,Section 4-4.3(2)Expansion of a pre-existing nonconforming residence Attorney Stusse explained the application had an error and subsequently the legal notice had the error. Two parcels are included in the application, however, only one lot is involved. It was determined that the best thing to do would be to withdraw these applications. Decision: Per request of the applicant, a motion was duly made and seconded to allow Appeal Number 1999-121 to be withdrawn without prejudice. The Vote was as follows: AYE: Richard Boy, Ron Jansson, Gail Nightingale, Ralph Copeland, and Chairman Emmett Glynn NAY: None Order: Appeal Number 1999-121 has been Withdrawn Without Prejudice. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk Emmett Glynn, Chair an •Date Signed Linda Hutchenri . . der, 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 r appeal of the decision has been filed.in the office of the Town Clerk Signed and sealed this ay of '-Under the pains and,penalties of penury. Linda Hutchenrider, Town Clerk F t 2 RefNo mappar ownerl owner2 addr city state zip 121+122 186 052 LEONI, RAY D TR RAY D LEONI NOM TRUST 24 WOLF TREE DR WOODBRIDGE CT 06525 206 003 CHITTIM, MARJORIE D TRS & WHELTON, THOMAS W., 158 HAMPSHIRE RD WELLESLEY HILLS MA 02481 r 206 050 HAMILTON THOMAS H M P 0 BOX 106 CENTERVILLE MA 02632 RNSTABLE TOWN OF CON CONSERVATION COMMISSION' 367 MAIN ST HYANNIS MA 02601 206 051 BA (CON) _. 206 052 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION, 367 MAIN ST HYANNIS MA 02601 206 056 001 PALLEY, ELAINE 495 ELLIOTT ROAD CENTERVILLE MA 02632 206 056 002 AIRLIE REALTY INC 7 BROWN ROAD GRAFTON MA 01519 206 057 MEANY, PHILIP .E JR TR 412 PITT MEWS ALEXANDRIA VA 22314 206 058 HARDY, RICHARD B TR 41 MCGREGORY RD STURBRIDGE MA 01565 206 059 001 LEONI, RAY D TR RAY D LEONI NOM TRUST 24 WOLF TREE DRIVE WOODBRIDGE CT 06525 206 059 002 PADULA, JAMES .W & NANCY A' 7 ,BROWNS RD GRAFTON MA 01519 206 059 003 AIRLIE REALTY INC 7 BROWN ROAD GRAFTON MA 01519 206 095 FARLEY, WILLIAM T TR & FARLEY, CHRISTINA TR 24450 SHOPPING LANE SIMI VALLEY CA 93063 206 123 RAYMOND, GEORGE A TRS & RAYMOND, SHIRLEYc, M TRS ;- 90 SHORT BEACH RD CENTERVILLE MA 02632 206 124 MCCAFFREY, DOROTHY E 220 BOYLSTON ST APT 1108 BOSTON MA 02116 206 125 HURWITZ, CYNTHIA 2 FARMER RD MILTON MA 02186 Count= 121 , 5 Proof of Publication LEGALe Town of Bast Zpning Board pf Appeals 0111941ce of Public He>ering Under The Zoning)Ordinance for 009ber 131, 1goo To all persons interested in,or affected by the Board of(Appeals under.Sec. 11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts.and all amendments thereto you are hereby notified that: 7:15 P.M. Rogers Appeal Number 1999.116 Mark Rogers has petitioned to the Zoning Board of Appeals for a Special Permit fpr a Family Apartment pursuant to Section 3-1.1(3)(D)of the Zoning Ordinance.The property is shown on Assessors Map 128,Parcel 024 and is commonly odd ressed as 99 Red Oak Lane,West Barnstable.MA in an RF Residential F Zoning District- 7:25 P.M. Bowes Appeal Number 1999-117 John J.Bowes,Jr.has applied to the Zoning Board of Appeals fora Variance to Section 3- 1.3(5)Qulk Regulations to legitimise an existing deck that encroaches on the 10 foot sideline setback by 31 inches.The encroachment was not discovered until a plot plan was done for the sale of the property.The property is shown on Assessors Map 228,Parcel 091.002 and is commonly addressed as 305 Riverview Lane,Centerville, MA in an RC Residential C Zoning District. 8:15 P.M. McDaniels Appeal Number 1999-118 John C.and Gwen C.McDaniels have appealed the Building Commissioners response and his decision as stated In a letter dated June 29, 1999.The Building Commissioner will not . issue a building permit for the replacement of a kitchen which was removed for upgrading.. - - The Building Commissioner has stated the second kitchen/apartment is-illegal and must get_ a Variance.The property is shown on Assessor's Map 140,Pan;e115Q•QQ1 and is commonly addressed as 27 York Te.rraco:Osterville,MA man RC Residential GZoning District = 8r20 P.M. McDaniels Appeal Number 1000-119• John C.and GvvenC.McDaniels have applied to the Zoning Board of Appeals for a Variance- 10 Section 11.3.3 to permit a second kitchen in an accessory building to.a primary residence: The second kitchen would be used in association with the use of the swimming pool and would be used in connection with the residential dwelling.The ro arty is shown on Assessors Map; 140,Parcel 160.001 and is commonly addressed as 27 prrace,Osterville,MA in an RC. . Residential C Zoning District. 0:45 P.M. Flaherty Appeal Number 1999,120 Terry Flaherty d/Wo Cape Auto(Midas)has applied to the Zoning Board of Appeals for a_. Variance to Section 4-3 Sign Regulations.The applicant proposes to remove the current signs and replace them with three (3) wall mounted signs. The property is shown on Assessors Map 343,Rarcel 013 and is commonlyaddressed as 641yanough Road.Hyannis, MA in an HB Highway Business District. 9:00 P.M. Meany Appeal Number 1999-12.1 Philip F. Meany, Jr has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 4-4.3(2)Nonconforming Buildings or Structures Used as Single and Two Family Residences.The applicant desires to remodel the existing home by the addition of a one-car garage with one room over the garage area where the front yard setback will be less than 20 feet.The property is shown on Assessors Map 206.Parcels 056.002 and 057 and is commonly addressed as 74 La dd Road,Centerville,MA in an RD-1 Residential D-1 Zoning District. 9:05 P.M. Meany Appeal Number 1999-122 Philip F.Meany,Jr.has applied to the Zoning Board of Appeals for a Variance to Section 3- 1.1(5) Bulk RegulahonS. The Petitioner seeks relief from the setback requirements.The Variance is requested because the proximity of the site to the coastal bank limits the areas where the proposed garage can be added.The property is shown on.Assessor's Map 206, Parcels 056.002 and 057 and is commonly addressed as 74 Ladd Road,Centerville,MA in an RD-1 Residential D•1 Zoning District. These Public Hearings will be held in the Hearing Room:Second Floor,New Town Hall,367 Main Street, Hyannis, Massaphusetts on Wednesday. October 13, 1999. All plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable, Planning Department,230 South Street,Hyannis,MA. Emmett Glynn,Chairman Zoning Board of Appeals The BE patriot ^ . September 23$September$0, 1999 t j , r ( e: } R K % aniwsrnew ga OCT 25 : 5 ', ` Town of Barnstable THIS DOCUMENT HAS Zoning Board of Appeals I NOT BEEN RECORDED Decision - Notice of Withdrawal I F+ILE COPY ONLY! Appeal Number 1999-122-Meany Variance to Section 3-1.1(5) Bulk Regulations Summary: Withdrawn Without Prejudice Petitioner: Philip E. Meany,Jr. Property Address: 74 Ladd Road, Centerville Assessor's Map/Parcel: Map 206, Parcels 056.002&057 Area: Parcel 056.002-0.39 acre, Parcel 057-0.31 acre Zoning: RD-1 Residential D-1 Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property consists of two lots totaling 0.70 of an acre. Parcel 056.002 consists of 0.39 of an acre and is presently vacant. Parcel 057 consists of 0.31 of an acre and is improved with a two-story, colonial style single-family residence with a living area of approximately 2,150 sq. ft. The property is located in an RD-1 Residential Zoning District and is serviced by public water and a private septic system. There is a minimum 30'front yard, 10' side yard and 10' rear yard setback required in RD-1 Districts. The petitioner is proposing to construct a 384 sq. ft. addition to the northwest side of the existing dwelling which will encroach into the minimum required front yard. The proposed addition is a one-car garage with one room over the garage area and will be situated 6.5 feet from the front property line. The existing dwelling is currently nonconforming, being situated approximately 14 feet from the front property line off Ladd Road. The petitioner has applied for a Variance to Section 3-1.1(5) Bulk Regulations, to permit the proposed addition to be situated 6.5 feet from the front property line off Ladd Road. This appeal is in the alternative to Appeal Number 1999-121. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 6, 1999. A 30 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened October 13, 1999, at which time the Board, per applicant's request, granted a withdrawal without prejudice. Hearing Summary: Board Members hearing this appeal were Ron Jansson, Gail Nightingale, Richard Boy, Tom DeRiemer, and Chairman Emmett Glynn. Attorney Michael Stusse represented the applicant. Attorney Stusse requested, and the Board agreed, to hear both Appeal Number 1999-121 and Appeal Number 1999-122 together. Attorney Stusse explained the application had an error and subsequently the legal notice had the error. Two parcels are included in the application, however, only one lot is involved. It was determined that the best thing to do would be to withdraw these applications. j Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-122-Meany Variance to Section 3-1.1(5)Bulk Regulations Decision: Per request of the applicant, a motion was duly made and seconded to allow Appeal Number 1999-122 to be withdrawn without prejudice. The Vote was as follows: " AYE: Richard Boy, Ron Jansson, Gail Nightingale, Ralph Copeland, and Chairman Emmett Glynn NAY: None Order: Appeal Number 1999-122 has been Withdrawn Without Prejudice. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Emmett Glynn, Chairm n Date Signed 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 has been filed in the office of the Town Clerk. Signed and sealed this l.� y of C, l under the pains and penalties of perjury. l � Linda Hutchenrider, Town Clerk 2 y. RelNo mappar ownerl owner2 addr city state zip 121+122 186 052 LEONI, RAY D TR RAY D LEONI NOM TRUST 24 WOLF TREE DR WOODBRIDGE CT 06525 206 003 CHITTIM, MARJORIE D TRS & WHELTON, THOMAS W 158 HAMPSHIRE RD WELLESLEY HILLS MA 02481 206 050 HAMILTON, THOMAS H M P 0 BOX 106 CENTERVILLE MA 02632 206 051 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN ST HYANNIS MA 02601 206 052 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN ST HYANNIS MA 02601 206 056 001 PALLEY, ELAINE 495 ELLIOTT ROAD CENTERVILLE MA 02632 206 056 002 AIRLIE REALTY INC 7 BROWN ROAD GRAFTON MA 01519 206 057 MEANY, PHILIP E JR TR 412 PITT MEWS ALEXANDRIA VA 22314 206 058 HARDY, RICHARD B TR 41 MCGREGORY RD STURBRIDGE MA 01565 206 059 001 LEONI, RAY D TR RAY D LEONI NOM TRUST 24 WOLF TREE DRIVE WOODBRIDGE CT 06525 206 059 002 PADULA, JAMES W & NANCY A 7 BROWNS RD GRAFTON MA 01519 206 059 003 AIRLIE REALTY INC 7 BROWN ROAD GRAFTON MA 01519 206 095 FARLEY, WILLIAM T TR & FARLEY, CHRISTINA TR 4450 -SHOPPING LANE SIMI VALLEY CA 93063 206 123 RAYMOND, GEORGE A TRS & RAYMOND, SHIRLEY M TRS 90 SHORT BEACH RD CENTERVILLE MA 02632, 206 124 MCCAFFREY, DOROTHY E 220 BOYLSTON ST APT 1108 BOSTON MA 02116 206 125 HURWITZ, CYNTHIA 2 FARMER RD MILTON MA 02186 Count= 121 L" . Yf 5 proof of Publication LEGAL NOTICES 'w.LEGAL NOTICES Town of Barnstable Zoning Board of Appeals Notice of Public Hearing Under The Zoning Ordinance for October 13, 1999 To all persons interested in,or affected by the Board of Appeals under Sec. 11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that: 7:15 P.M. Rogers Appeal Number 1999-116 Mark Rogers has petitioned to the Zoning Board of Appeals fora Special Permit for a Family Apartment pursuant to Section 3-1.1(3)(D)of the Zoning Ordinance.The property is shown on Assessor's Map 128,Parcel 024 and is commonly addressed as 99 Red Oak Lane,West Barnstable, MA in an RF Residential F Zoning District. 7:25 P.M. Bowes Appeal Number 1999.117 John J.Bowes,Jr.has applied to the Zoning Board of Appeals for a Variance to Section 3- 1.3(5)Bulk Regulations to legitimize an existing deck that encroaches on the 10 foot sideline setback by 31 inches.The encroachment was not discovered until a plot plan was done for the sale of the property.The property is shown on Assessor's Map 228,Parcel 091.002 and is commonly addressed as 305 Riverview Lane, Centerville, MA in an R.0 Residential C Zoning District. 8:15 P.M. McDaniels Appeal Number 1999-118 John C.and Gwen C.McDaniels have appealed the Building Commissioner's response and his decision as stated in a letter dated June 29, 1999.The Building Commissioner will not issue a building permit for the replacement of a kitchen which was removed,for upgrading. . The Building Commissioner has stated the second kitchen/apartment is illegal and must get a Variance.The property is shown on Assessor's Map 140,Parcel 150.001 and is commonly addressed as 27 York Terrace,Osterville,MA in an RC Residential C Zoning District. 8:20'P.M. McDaniels Appeal Number 199.9-1,19 " John C.and Gwen C.McDaniels have applied to the Zoning Board of Appeals fora Yanance, to Section 3-1.3 to.permit a second kitchen in an accessory building to a primary,residence. The second kitchen would be used in association with the use of the swimming pool and would be used in connection with the residential dwelling.The property is shown on Assessor's Map . 140,Parce1.150.001 and is commonlyaddressed as 216ATerrace,Osterville,MA in an RC Residential C Zoning District. " 8:45 P.M. Flaherty Appeal Number 11999-120 Terry Flaherty d/b/a Cape Auto(Midas)has applied to the Zoning Board of Appeals fora Variance to Section 4-3 Sign Regulations.The applicant proposes to remove the current, signs and replace them with three (3) wall mounted signs. The property is shown on Assessor's Map 343,Parcel 013 and is commonly addressed as 64 lyanough Road,Hyannis, MA in an HB Highway Business District. 9:00 P.M. Meany Appeal Number 1999-121 Philip E. Meany. Jr. has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section4,-4.3(2)Nonconforming Buildings or Structures Used as Single and Two Family Residences.The applicant desires to remodel the existing home by the addition of a one-car garage with one room over the garage area where the front yard setback will be less than 20 feet.The property is shown on Assessor's Map 206,Parcels 056.002 and 057 and is commonly addressed as 74 Ladd Road,Centerville,MA in an RD-1 Residential D-1 Zoning District. 9:05 P.M. Meany Appeal Number 1999.122 Philip E.Meany,Jr.has applied to the Zoning Board of Appeals fora Variance to Section 3- ; 1.1(5) Bulk Regulations. The Petitioner seeks relief from the setback requirements. The Variance is requested because the proximity of the site to the coastal bank limits the areas where the proposed garage can be added.The property is shown on Assessor's Map 206, Parcels 056.002 and 057 and is commonly addressed as 74 Ladd Road,Centerville,MA in an RD.1 Residential D-1 Zoning District. These Public Hearings will be held in the Hearing Room;Second Floor,New Town Hall,367 Main Street, Hyannis, Massachusetts on Wednesday, October 13, 1999, All plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable, Planning Department, 230 South Street,Hyannis,MA. Emmett Glynn, Chairman Zoning Board of Appeals The Barnstable Patriot September 23&September 30, 1999