HomeMy WebLinkAbout1250 SANTUIT-NEWTOWN ROAD i
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Bk 31907 Pg117 #12826
03-25-2019 @ 12 : 51p
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
19
Variance No. 2019-007 —Hollings Brackett
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Section 240-14 and 240-36--Bulk Regulations for RF Zoning District and the RPOD
Modification of Variance No, 1997.62
To allow the transfer of land from one undersized lot to another to reconflgure the boundary
line
Summary: Granted with Conditions
Petitioner: Lawrence E. Hollings and Constance Brackett
Property Address: 1254 and 1.250 Santult Newtown Road,Cotui�t,'MA
Assessors Map/Parcel: 026/037-004 and 026/037.003 F
Zoning District: Residence F and Resource Protection Overlay District (RPOD)
Hearing Date: February 13, 2019
Recording information: Deed: Book 10878 Page 165
Deed: Book 2106 Page 244
Plan: Lot 2A/Lot 2B Plan Book 535 Page 41
Background
Lawrence E, Hollings and Constance Brackett sought to modify Appeal No, 1997-062, Condition
#7 which prohibits further,subdivision of a lot, and petitioned for a Variance to Section 240-36 —
RPOD Resource Protection Overlay District in order to transfer approximately 9,500 square feet
(8,400 square feet of upland) from an undersized lot of approximately 1.60 acres located at 1254
Santuit-Newtown Road to an undersized lot of approximately 1,84 acres located at 1250,Santuit-
Newtown Road. The subject properties are located at 1250.and 1254 Santuit-Newton Road,
Cotult, MA as shown on Assessor's Map 026 as Parcels 037-004 and 037-003. They are located
in the Residence F (RF) Zoning District and the RPOD — Resource Protection Overlay District,
which according to the regulations, requires that the minimum lot area requirement of.the bulk
regulations in all residential zoning district shall be 87,.120 square feet or two=acres.
The properties addressed as 1254 and 1250 Santuit Newtown Road are located in the Residence
F and RPOD Zoning Districts. 1254 Santuit=Newtown Road is presently improved with a two
bedroom ranch style dwelling constructed in 2002 and contains 1.60 acres, 1250 Santult Newtown
Road is presently Improved with a two bedroom ranch style dwelling constructed in 196E and
contains 1.84 acres,
Proposal &Hearing Summary
Variance Petition No; 2019-007 In accordance with Section 240-14 and Section 240-36 — Bulk
Regulations for the RF Zoning District and the,RPOD and Modification of Variance No, 1997-62
was filed at the Town Clerk's office and office of the Zoning Board of Appeals on January 16,
2019'. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to
all abutters and interested:parties in accordance with MGL Chapter 40A. The hearing was opened
on February 13, 2019, at which time the Board found to grant the Variance subject to conditions,
Board members deciding this petition were Alex M. Rodolakis, .Jacob Dewey, Herbert Bodensiek,
David Hirsch, and Mark Hansen,
The hearing was opened on February 13, 2019 with Attorney John Kenney representing both the
Petitioners. Attorney Kenney described the need for a variance in this case. Mr. Hollings would
like to sell his property but Ms. Bracketts garden is on his lot. The variance is needed in order to
relocate the lot line so Ms. Brackett can own and maintain her garden, Attorney Kenney reviewed
the criteria for a variance and stated the slope of the land and the Impact of wetlands are
Bk 31907 Pg118 #12826
t
Town of Barnstable Planning and Development Department Decision
Variance 2019-007—Ho&gs Brackett
topographical features which especially affect the subject properties but do not affect generally the
zoning district, The area of the garden is the flattest portion of the lots. Attorney Kenney further
stated a literal enforcement of the provisions of the Ordinance would involve substantial hardship
to both parties. Mr, Hollings has his property under agreement and will lose the sale If the
variance is not granted. Attorney Kenney further stated the relief may be granted without
substantial detriment to the public good and without nullifying or,substantially derogating from the
intent or purpose of the Ordinance as this relief is simply to convey 9,500 square feet and does not
affect any other property.
The Board Chair requested.public comment. No testimony was given.
Findings of Fact
At the hearing on February 13, 20191 the Board voted and made the following finds of fact in
Variance No. 2019-007 a modification of Appeal No. 1997-062, Condition #7 which prohibits
further subdivision of a lot, and are petitioning for a Variance to Section 240-36— RPOD Resource
Protection Overlay District In order to transfer approximately 9,500 square feet (8,400 square feet
of upland) from an undersized lot of approximately 1.60 acres located at 1254 Santuit-Newtown
Road to an undersized lot of approximately 1.84 acres located at 1250 Santult-Newtown Road..
1. Owing to circumstances related to soil conditions, shape, or topography of such land or
structures and especially affecting such land or structures but not affecting generally the
zoning district In which it Is located. The Board found the topography and presence of
wetlands affect these two lots and not generally the zoning district.
2, A literal enforcement of the provisions of the zoning ordinance would Involve substantial
hardship, financial or otherwise to the petitioner. The Board found that Mr. Hollings would be
financially affected if he were to lose the sale of'the property should the variance not be
granted.
3. Desirable relief may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the Intent or purpose of.the zoning ordinance, The
Board found these lots are large and a small alteration of the common lot Line will not affect the
neighborhood nor the public good.
AYE: Alex M. Rodolakis, Jacob Dewey, Herbert Bodensiek, David Hirsch, and Mark Hansen
NAY: None
Decision
Based upon the findings.'a motion was duly made and seconded to grant the Petiioner the relief
being sought with the following conditions:
1. Variance No, 2019-007 is granted to Lawrence E. Hollings of-1254 Santuit Newtown Road and
Constance Brackett of 1250 Santuit Newtown Road for a Variance pursuant to Section 240-14
— Residence RF Sulk Regulations and 240-36,D Resource Protection Overlay (RPOD) District
regulations. The petitioners are proposing to swap an area of land of approximately 8,400
square feet to reconfigure the boundary line between two lots,
2. The Improvements-shall be in substantial conformance with the site plan entitled "Approval Not
Required Plan prepared for Lawrence E. Hollings #1254 Santuit Newtown Road in Cotuit,
Barnstable, MA' by,Holmes and McGrath, Inc. and dated December 20, 2018.
3. This 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 Issuance of a building permit. The rights authorized by this variance must be
exercised within one year, unless extended,
Page 2 of 3 2
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Bk 31907 Pg119 #12826
Town of Barnstable Planning and Development bepartment Decision
Variance 2019-007—Hollings Brackett
AYE: Alex M. Rodolakis, Jacob Dewey, Herbert Bodenslek, David Hirsch, and Mark Hansen
NAY: None
Ordered
Variance No. 2019-007 to, modify Appeal No. 1.997-062, Condition 97 which prohibits further
subdivision of a lot, and are petitioning for a Variance to Section 240-36 — RPOD Resource
Protection Overlay District in order to transfer approximately 9,500 square feet (8,400 square feet
of upland) from an undersized lot of approximately 1.60 acres located at 1254 Santuit-Newtown
Road to an undersized lot of approximately 1.84 acres located at 1250 Santuit-Newtown Road has
been granted. 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 one year unless extended. Appeals of this
decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty days after
the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable
Town Clerk;
Alex KoddTakI8 Chair Date Signed
I, Ann Quirk, 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 seated this 20 day of 4AiZc-H ZU i 9 under the pains and penalties of
perjury,
Lek
Ann Quirk, Town Clerk
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Page 3 of 3 3
Assessor's "map` and lot .number .- ��
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Sewage"Permit number /...�... �8 �
• � STATE
SANITARY''CODE AND TOWN
youTINIEToy TOWN OF BARNK1A LE
SAWSTSDLE, i �+
NABS. .e� RR-LOING INSPECTOR
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APPLICATION FOR PERMIT TO ... .
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TYPE OF CONSTRUCTION c...../
...............�1t - .................................................... .............................
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TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
Location
ProposedUse rA!U!lt .✓! ..................................................................................... ......................................
ZoningDistrict ' t'F/L
............................................................................Fire District ........ .......:.............................................................
Name of Owner .R4-:( ... ...
ddress .�k.:........... � � a..�!1. '4i
....... ..
Name of Builder ' .....GLE'9 ��..
� �����.............Address ...................
��:. ��.........�. • �/�4.
Name of Architect ............!l!A /!l!�......................................Address .....................
Number of Rooms ................... ............................... Foundation .
Exterior ..... !.... .........................................................Roofing .... l ..%'
C
...... ............................................................
Floors ........)1( �...........................................................Interior :.......:/L' ...:....L..;?....................................................
Heatingg ......................................... 4-4�- -X........
Fireplace ....................................... ....................Approximate Cost ....................................................................
Definitive Plan Approved by Planning Board -------------------------------- Area a. c
9 ---. ......_..-fit?.. .....
Diagram of Lot and Building with Dimensions Fee
�J.. ..................
SUBJECT TO APPROVAL OF BOARD OF HEALTH
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I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
Name .... ` Otf�% ..................
--_-----" --_-_-- W.
-
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1'26' move
No rarmn�or .
a1oolm family dwelling
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...........................
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Newtown Road
Location -.-~----._----_-.------
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-'------.___._-..0 |I/Ul'�
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` Richard W. Brackett
. Owner -----.-_-_____________..
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Type of Construction --------------
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Permit
Pann Granted ----�.����--_.--]A
^ Date ofInspection ....................................l9�
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Dote Completed i
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' PERMIT REFUSED
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Assessor's Office(1st floor) Map 0 oL(o ;Parcel a, 7403`Permit#
Conservation Office(4th floor)(8:30.- 9:30/1:00-2:00) Date Issued
Board of Health(3rd floor)(8:15 -9830/1:00-4:45) Fees,
Engineering Dept.(3rd floor) Ho& ' .1 3.S-0 F NNE
Planning Dept.(1sthool A$dmin. Bldg.)
9
Definitive Plan a Planning Board 19
TOWN OF BARNSTABLE
.Building Pertnit`Application r t
Project StreetAddreSs;:
Village
, .
Owner duA:c � — 1 Address/d
.Telephone � �,f3
Permit Request k� r �" 6 41A.1 A 4C ?J /
fit, �ay i •
First Floor $ square feet
Second Floor square feet ,
Estimated Project Cost $ ___767DO r
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Zoning District Flood Plain Water Protection
Lot Size Grandfathered ?
Zoning Board of Appeals Authorization Recorded
Current Use Proposed Use
Construction Type /
Commercial Residential T/
Dwelling Type: Single Family ; 1/ Two Family Multi-Family
Age of Existing Structure Basement Type: Finished
Historic House AJ,0 Unfinished
Old King's Highway .Al
Number of Baths No.of Bedrooms
Total Room Count(not including baths) First Floor
Heat Type and Fuel Central Air Fireplaces
Garage: Detached Other Detached Structures:, Pool
Attached Barn
None Sheds
Other
Builder Information
Name40,24� Telephone Number s -30'j,f
Address /G 7'eWl� . /T' License#, Z.
Qv� Home Improvement Contractor# �} 7 V
Worker's Compensation# el Gt/ .i?/� �$
NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT) SHOWING EXISTING,AS WELL AS
PROPOSED STRUCTURES ON THE LOT.
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE ' DATE O
BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S)
FOR OFFICIAL USE ONLY ,
PERMIT NO. C CS 7 J ► w
DATE ISSUED
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MAP/PARCEL NO. A�14-0 7- 003
ADDRESS.. •.: dGE
Al
OWNER ;
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DATE OF INSPECTION:
FOUNDATION
FRAME - W
INSULATION
FIREPEACE
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
GAS: T , ROUGH t FINAL
FINAL BUILDING
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DATE CLOSED OUT '
ASSOCIATION PLAN NO.
i r r � � � 1 ' e t � i � � � •^ f ' t t
✓1� � e./�'GUQQCLCIL�iG'6e�6 �
iOME .IMPROVEMENT CONTRACTORS REGISTRATION
= Board of Building Regulations and Standards I
One Ashburton Place -- Room 1301 i
Boston, tlassachusetts 02108 - t
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HOME IMPROVEMENT CONTRACTOR L-------------- --------"
Registration 100740 Expiration 06/23/96
Type - PRIVATE CORPORATION
HOME IMPROVEMENT CONTRACTOR
M h Registration 100740
CAPIZZI HOME IMPROVEMENT, INC. - I Type - PRIVATE CORPORATION
Thomas Capizzi , Sr . F Expiration 06/23/98
1645 Newton Rd . t
Cotuit MA 02635 i CAPIZZI HOME IMPROVEMENT, INC
I ' Thomas Capizzi, Sr.
Nekton Rd.
t AOMiNtsTuroa Cotuit MA 02635
DEPARTMENT
ONE A314(3UR r
DOSTUN
'kUCTIONSUPERVISOR LICENSE -
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OCIVAh
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The Commonwealth of Massachusetts
Department of Industrial Accidents
oxce oll"8S 11stliis
600 Washington Street
Boston,Mass. 02111
Workers' Compensation,lnsurance Affidavit z.
namr:
location
citv ee n,% ej 2-4(0 phone# �43/-P
❑ I am a homeowner performing all work myself.
❑ I am a sole proprietor and have no one working in any capacity
❑ 1 am an employer pro%idins workers' compensation for my employees working on this job.
company name:
address:
city phone#-
insurance co �� T /C�L � policy# Q& � �
❑ I r
am a sole proprietor. or homeowner(circle one) and have hired the contractors listed below who have
ro eneral contractor.
-
the following workers compensation polices:
m anv na e•
address:
61y phone#'
insurance co oolicv#
company name:
eiiv phone file
insurance a co pofi y# `
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Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a floe up to S1,5M.00 and/or
one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a not of S100.00 a day against me. I understood that a
copy of this statement may be forwarded to the Office of Investigadons of the DIA for coverage verititatioo.
I do hereby certify under the pains an enalues of perjury that the infornwtion' provided above is true and correct
Signature Date, io
�^ C�� ^Phone#
Print name �/�—
official use only do not w rite in this area to be completed by city or town official `'`•
city or town YMMOUM _ M permit/license# r iBuilding Department
tY
- - - pLicensing Board
O check if immediate response is required ^�' "p 261 ❑Selectmen's Ogee
F �Healtb Department
contact person phone#,..�„ (508) 398-a2231 ext. r JOther
(revised 3;95 P1A)
_ e Town of Barnstable -_
. Th
WAALDepartment of Health Safety and Environmental Services
Building Division
367 Main Street,HYaaais MA O='
Ralph Cr s=
CC= 308-790-6227 Hur'Idm8 Gone
T= 308-775-3344
For office use only
Permit no..
Date AFFIDAVIT
HOME BOROVEMEVT CONTRACTOR LAW
SUPPLEMENT TO PERWr APPLICATION
MGL c 142A requires that the"mconscruction,alterations;rend ation,repay mode ms
hnprwcemer�.rento%-4 demolition, or cons�nction of an addition W any Pm'� f
at least one but not MGM than four dwelling units or to ��are
to such esidmccontainrng registered cowxaeYors,with certain aooepti�, �0ng with other
to such resideaoe or building be done by `
ram'
Type of Wo
Fat.Cost `�
Address of Worts: /3 3 � ������"IAZ �C✓� ��"�/������
Date of Permit Application:
I herein certify that:
Registration is not requirtd for the following reason(s):
I
Work ccduded by law
lob under s1,000
Building not owner pied
owns pulling own pc`mst
Notice is hereby given that: ` CONTRACTORS
OWNERS PULLING THEIR OWN PER? T OR DEALING WITKIINREGISTI DC
POR APPLICABLE HOME IIaROVFMENT WORK DO NOT
HAVE-:: ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c I42A
SIGNED UNDER PENALTIES OF PERJURY r
I hereby apply for a permit as the agent of the owner.
a
Contractor name
OR '
(7 Town of Barnstable
Planning Department
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Staff Report
Appeal No. 1997-62 Brackett
Variance to Section 3-1.4(5) Bulk Regulations -Minimum Lot Frontage
Date: June 5, 1997
To: Zoning Board of Appeals
From:
Approved By: Robert P. Schernig, Director
Drafted By: Art Traczyk Principal Planner
Applicant: staneeA--&aslFe#
Property Address: ,1250 Santuit Newtown Road Cotuit per Engineering Dept';)•-w..
Assessor's Map/Parce , a c 37-3 Area 3.44 ac.
Zoning: RF Residential F Zoning District
Groundwater Overlay: WP Wellhead Protection District
Filed,April 30, 1997 Public Hearing,June 11, 1997 Decision Due,August 7,1997
Background:
The property that is the subject of this appeal is a 3.44 acre lot (2.95 acres upland) bordering 240 feet on
to Santuit Newtown Road and is adjacent to Lovell's Pond. The property is developed with a single
family dwelling.
The applicant is seeking to divide the lot into two lots as per plan presented (see Attached Plan)that
shows:
• Lot 2A consisting of 1.40 Acres total (1.00 acre of upland) and 120 feet of frontage, and
• Lot 2B consisting of 2.04 Acres total (1.95 acres of upland) and 120 feet of frontage.
The lot is located in the RF Residential F Zoning District that requires a minimum frontage of 150 feet'.
Mrs. Constance Brackett, the owner of the property, is applying for a variance to Section 3-1.4(5), Bulk
Regulations, Minimum Lot Frontage to permit the division of the property into two buildable lots, each
with 120' of frontage rather than the required 150 feet. Mrs. Brackett has owned this parcel since 1974.
Previously the Brackett family owned Lots 37-1, 37-2 and 36, all in this area.
Variance:
In consideration for the Variance, the applicant must substantiate those conditions unique to this lot that
justify the granting of the relief being sought..
In granting of the Variance the Board must find that:
• unique conditions exist that affect the locus but not the zoning district in which it is located,
• a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship,
financial or otherwise to the petitioner, and
• the relief may be granted without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Zoning Ordinance.
Staff Comments:
In this case, both lots have sufficient area; and one is almost twice the required area at 1.95 aces.
Town of Barnstable-Planning Department-Staff Report r
Appeal No. 1997-62 Brackett-
Variance to Section 3-1.4 5)Bulk Regulations-Minimum Lot Frontage
It is noted that the existing driveway, which appears to serve both of the proposed lots, crosses an
adjacent lot owned by William &Anne Byrne. The applicant should be prepared to provide the Board a
copy of an easement in favor of both Lots 2A and 2B for use of the driveway.
A somewhat similar appeal was recently granted to Jacques Morin who requested a variance from the
Lot Shape Factor for two new lots on Lovell's Pond. Only one lot could have been created with pond
frontage if it were not for the variance.
During that appeal, abutters expressed concern with the water quality of this pond, which was supported
by a letter from the state Division of Fish and Wildlife. The Board requested staff to work with the
applicant and the Health Division to work out a plan that would best protect water quality of Lovell's
Pond.
The Health Division did not recommend using septic ticsY stems for the Morin lots because of
P
their high maintenance requirements. Instead, they requested that septic systems be located 300'from
the pond, or as close to this as possible. The septic systems for both lots on the Morin plan were
required to be at least 200'from the edge of wetlands around this pond. On the plan for Mrs. Brackett
the septic system for Lot 2A could only be 160-170'from the wetlands at the farthest. Staff would
recommended that the applicant consider if the lots could be reconfigured to allow enough area
on Lot 2A so the septic system can be located 200'from the pond.
Staff Recommendation:
If the Board finds to grant the relief requested, they may wish to consider the following conditions:
1. The two lots shall be configured as is shown on the Plan of Land in Santuit, MA for
Constance Brackett dated November 13, 1996, revised March 25, 1997 and drawn by Baxter
& Nye Inc. Registered Land Surveyors and Civil Engineers.
2. The two lot shall share one common access on to Santuit Newtown Road.
3. All buildings on Lot 2A shall be located at minimum 100 feet from the edge of the wetland.
No clearing, or grading on Lot 2A shall be permitted within 75 feet of the edge of wetlands,
except as allowed by the Conservation Commission for purposes of opening up the visual as
well as allowing for limited access to the pond.
4. The septic system for Lot 2A must be at least 160'from the edge of wetlands and must
comply with all the requirements of Title V Regulations as are applicable.
5. Development of Lots 2A and 2B shall conform to all applicable setbacks for the district. Any
new construction or expansion of the existing dwelling on Lot 2B must be at least 50'from
any wetland.
6. No more than 3 bedrooms shall be permitted for the house on Lot 2A. Prior to adding any
bedrooms to the house on Lot 2B, the septic system must be evaluated by the Health
Division and Board of Health.
7. Lot 2B shall not be further subdivided.
8. This Variance shall be referenced on the Approval Not Required Plan and the Variance and
plan shall be recorded together at the Registry of Deeds.
Attachments: Applications
Assessor Map
Plan Reduction
copies: Applicant/Petitioner
:ram:
L yr
:4 TOWN OF,BARNSTABLE
Zoning Board. of Appeals _
A lication to Petitioa for a Variance . -
Date Received
Town Clerk office. -�
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f 1 �: For Office Use Only:
, ;a t Appeal
s APR 3 p ig� Hearing .La ' �,7--GA-
ze
Decision Due
The undersigned hereby 'applies -- —_ �
to thT�rrZfinSAeST$da1
the Zoning Ordinance, in the mahnne �^�` GohEp=e83On8P1s for a variance. from
hereinafter set forth:
Petitioner Name:
. Constance a ke
tt
Petitioner Address: Phone 428 ti7c,�
1333 NewtRd - sanEuit . MaS 0-7
Property Location:^ 1333 Newtown Rd.
Santuit Cotuit Mass. 0
Property owner: Constance.A.
3rackett , Phone 428 675
Address Of Owner: 1333 Newtown Rd.
Santuit Massa 02635 .
Sf petitioner differs from owner, state nature of interest:
Number Of Years owned: 20 '
`in FnL U�;"`'� I °'n' s)
Assessor's Ma
p/Parcel Number: Map 26, Parcel 37 3
Zoning District:
_RP
groundwater overlay District: . WP
. Variance Re * min frontage 150
quested.Sect' District pa",i j- feet
ions 3-1. 4
Cite section 6 Title of th ns
e Zoning ordinance
Description of variance Requested: variance fr
of 2 lots om 150 ' frontage to 120 '
in order to allow land to be divided into t fo ach
construction of a road. two lots without the
Description of the Reason
. and/or Need for the variance
V in
land to be divided without the construction of a ro order. to allow the
ad
Discription of construction .Activity.' (if applicable� s
on new lot �n,ise he L
Existing Level of Development of the Property - Number Of Buildings..
1
Present Uses): Residential• Lot
Gross Floor Area: 1686 sq.ft.
Proposed Gross Floor Area to. be Added: approx. 1800 s ft.
�,7.tered:
Is this property subject to any other relief (variance or special
the Zoning Board of Appeals? Permit) from
If Yes, please list appeal numbers or applicant's name
Yes [ ] No fc]
Application to Petition for a Variance
Is the property within a Historic District?
Is the property a Designated Landmark? Yes. [] No
Yea ['] No �]
For Historic Department Use Only
Not Applicable [)
OKH Plan Review Number
Date Approved
Signature:
Have you applied for a building permit?
Has the Building Inspector refused a permit? Yes [] No r4
Yes [] No [�
All applications for a Variance which proposes a change in use, new
construction, reconstruction, alterations or expansion, except for single
or two-family dwellings, will require an approved site
7.3 of the Zoning ordinance ThatPlan (see section 4-
process
s p cess should be completed submitting this application s prior to
� pp ation to the Zoning Board and of Appeals.
For Building Department Use only:
Not Required [j
Site Plan Review Number
Date Approved
Signature: '
The followings information must be submitted with the Petition at the time
request:filing, without such information the Board of Appeals may deny your
Three (3) copies of the completed Application Form, each with
original signatures.
Five (5) copies of a certified property survey
(Plot
the dimensions of the land, all wetlands, water bodies,. surrounding
roadways and the location of the existing improvements on the. land.
All proposed development activities, except single and two-family
housing development, will require five (5) copies of a proposed site
improvements plan approved by the Site Plan Review Committee. This
plan must show the exact location of all proposed improvements and
alterations on the land and to structures. See "Contents of site
Plan:« section- 4-7.5 of the Zoning ordinance, for detail
requirements.
The petitioner may submit any additional supporting
assist the Board in making its dete documents to
rmination.
Signature:
Date: �I
re ltioner o Agent s 8jgnature
Agents Address:
Phone:
Fax No. 2_7r- t
PROPERTY ADDRESS
ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CLASS I PCS I NBHD KEY
1250XX SANTUIT-NEWTOWN RO 01 RF 200 01CT 07/09/95 1011 '00 11WC R026 037.003 144:
LANDroTHER FEATURES ESCRIPTION ADJUSTMEN TOR B RAC K ET T. R I C H A R O W
uaBpD+te. FF.CU,Tem.n LOC./VR. PEC.CLASS ADJ. CONO. P PRIICE IT ADPRICENIT ACRES/UNITS VALUE Descriptor MAP-
CO FF. NAcrN #LAND 1 1230,600 CARDS IN ACCOUNT
L 15 :1WATERFNT 1 X loc 100 99999.9 . 99999.99 1.00 100000 #BLOG(S)-CARD-1 1 96.100 011 OF
01 A 11 1RESIDUAL_ 1. X 2 =10 95 12000.0 11400.00 2.00 22800 #OTHER FEATURE 1 600
N 16 1NETLAND: 1 X .5 =10 143 1000.0 COST Q3�
I. 1430.00 .54 d00 #PL 1333 SANTUIT-NEWTOWN RD ARKET. 146301
D B #DL LOT 3 INCOME
Ij BATHS 1 .1 U X. C= 100 •6000.0 6000.0 1.00 6000 H #RR 1425 0240 SE
A BRR .REC RN S 16 X 16 C= 100 11.25 11.25 256 2900 B kPPRAISED VALUE
p p FIREPLACE U X C 100 3100.0C 3100.00 1.00 3100 B 220.30E
A J SHED S 8 X 8 197 D= 101 A 1 11.7 9.25 64 600. F PARCEL SUMMARY
T <J
A S AND 12360E
T LD6S 9610(
M -IMPS 60(
F E OTAL 22030E
CNST
E j DEED REFERENC T= DATE Reco d d PRIOR YEAR V A L @,
A Baa. Pape '"". Mo. Yt. sw.Ptba AND 12 3 6 0
U 2106/244: 00/00 LOGS 9670
OTAL 22030(
Fa
E t t
BUILDING PERMIT
S NunNar Date Typo Atttewtt .
LAND. LAND-ADJ INC. ME SE SP-BLDS FEATURES ' OLD-ADJS UNITS
1.23600 600 12000
Class N CUnonstaa. 1Ma1 Base R.I. Ad, Rate t Apt ac Dia. CDt CNU l R G Rap Coal Ne. Atq Reel V+Itro 51tir.e NopM Roans R,ro Banta o fia. Party..V fac. -
Unns
01C •000 •105 1.05 55.65 58.43 68 75 19 80 100 80 120096 96100 1.0 5 3. 1.1 6.0
De-,.Pl.n Rau Squats Fto Rapos Cost MKT.INDEX: 1.00 IMP.BYIDATE: / SCALE. 1/00.49 ELEMENTS CODE CONSTRUCTION DETAIL
S HAS 100 58.43 1712 100032
T. LMP 55 5.50 576 3168 *----24----• STYLE 03 ANCH 0.0 .
R FWD 85 8.50 576 4896 14 14 ESY-GN-7►tiJNT- -0t t-%-fGN-if6]03'1---3_0
!U ! -RTE-R:WALTS"- Z]-airb-wo-imcmE--------II•.-0
*-----28-----* EAT/AC"TYPE- -03 LECTRIT---------U:O
T ! ! NTE_R:FINrSH- -00 ---""-------------1T:0
BASE ! NTER:LAYQOT- 10T ---------.---------U.O
R 24 R 20 NTE_R;QUA_TT- E2 A .-0XE-AE"EXTEK:--O".
A W I ! ! COD"R-STRrUCT- QO-------------------ff=0
L p I ! ! E 7LOUR-COVER-- -00 ------------------
D"o
E T.I.1A,— jAu. 1152 Baw_ 1712 j ! *----24----*52----------X OOF__TTPE---- -00 ------------------.UA
BUILDING DIMENSIONS *--14--* FWD ! ---------------
_ T BAS W52 LMP S24 E24 N24 W24 i CEtTRICA --- -00 - '-D-A .
.. I ! ! OU"ATIIIN---. -U0 -----------.------.97.-g
A FWD E24 S24 W24 N24 .. SAS SO4 24 24 ------------- --- --------------- ------
E W14 N24 . E14 .N14 E24 S14 E28 BAS ! ! -----NEISH`3ORH 0 1TWC-LEVELLT-PDWV-
L S20 .. ! LAND TOTAL MARKET '
! LMP ! PARCEL 123600 220300
*----24----* AREA 1948
VARIANCE ♦0 +11207
STANDARD 25
PATTYS O(O N WELL PR07EMM WM* I CERTIFY THAT THIS PLAN HAS H
p .PSND '0O LOT COVERAGE: BEEN PREPARED IN CONFORMITY WITH
Q THE RUkES AND REGULATIONS OF THE
RQ NO MORE THAN FIFTY PERCENT(50Z) OF THE TOTAL.UPLAND REGISTERS OF DEEDS. .
3 AREA OF ANY LOT SHALL BE MADE IMPERVIOUS BY THE R.L.S.
INSTALATION OF BUILDINGS, STRUCTURES AND PAVED SURFACES.
1j8 SITE CLEARING:
A MINIMUM OF THIRTY PERCENT(30%) OF THE TOTAL UPLAND
N AREA OF ANY LOT SHALL BE RETAINED IN ITS NATURAL STATE, X
LOVELLS WITH.ONLY LIMITED SELECTIVE CUTTING OF TREES AND CLEARING
POND OF UNDERSTORY SHRUBS AND GROUNDCOVER ALLOWED.
tF-1'j
aOJ
LOCUS MAP
SCALE 1 25,000
FOR REGISTRY USE
ASSESSORS
MAP 26 PARCEL 37-3 m GRAPHIC SCALE
0 40 80
RF & W.P. a
ZONE n
RF ^
MINIMUMS Y
AREA - 43,560 S.F. m
z
FRONTAGE - 150' a
J
FRONT SETBACK = 30' a
SIDE SETBACKS a 15'
REAR SETBACK - 15'
BUILDING HEIGHT .30'
C.B. FND.
�N6 e1
01.0
\0 f`
N63 R 6 4h m
Isa \\ I LIr,t
�O
n •\P Fro
91
/ocOG n r /
d�9;t!?ed'31ln9
14
4, \ /r dr; 85,066 sq.fl.upland
C.B. FND. \ \°PTO oy / 3.624 sq.ft. wetland
C,p 2.04 acres total ;
/ b° S8856'59'E �S
14.5.44'
V Q �g'1'`Wyh 43,560 sq.ft.upland
�A \ 17,653 sq.ft.wetland
\ 1.40 acres total
4
o
9.a 15.20
a`V 1333
N
'C.B. FND.
1,6BG MGt A
DWELL
°\
O µ T 0
r4 oa
1p 1p
O
YIN G. 1►rD
FIR OM SO PO �
WE4LAND `t' 41 a`p J .y ��L DIGtnZEO 0140S S n a NS/ * YIP � {O
9 L
pf4Cf W W W W
CO
PLAN OF LAND
IN
(SANTUIT)
BARNSTABLE , MASS.
• DOES NOT MEET TOWN OF BARNSTABLE FOR
VARIANCEEREQUREoT of Iso.Do BARNSTABLE PLANNING BOARD CONSTANCE A. BRACKETT
APPROVAL UNDER THE SUBDIVISION
CONTROL LAW NOT REQUIRED.
DATE: SCALE: 1"= 40' DATE:NOV. 13,1996
REV. DEC. 12.1995 REV, MARCH -
�- 44 +�
/ I CDR&
Ai -IlC
O • '00 S
/. O it •wN ® +. , ,
/ < j.000"` ® t' a •ibOka
' s
00 lot
� . - ..
6-w.c rory- \1 e
ik
hy
N
O ,
O
% W
1r0 4b
&4s 1
s
'If 017...sr
.
Y
THE / FOREST ms"s RD -- --
RS/ /
-� - 52
suLc �-•goo•
TICUT .�� _
ell
. .(J 6./ s lawn
Cal ��/ 2
From the Zohing Board of Appeals Minutes of June 11, 1997
Appeal Number 1997-62 Brackett
Board Members hearing this appeal were Ron Jansson,Gene Burman,Emmett Glynn,Richard Boy,and Chairman
Gail Nightingale. Attorney Michael Hayes represented.the applicant,Constance A.Brackett,who was present.
Attorney Hayes gave a brief history of the property. Mrs.Brackett has lived in the house on Lot 2B for
approximately 20 years. Mrs.Brackett wishes to divide the land and gift Lot 2A to her brother and he plans to build
a house on the lot. The land can be divided as a matter-of-right by putting a road in,but if this variance is granted,
the land can be divided without the"artificial frontage". The addition of this"road"would add more traffic onto the
already busy street,and more blacktop tot a area- eading to possible drainage problems. There would also be a
financial hardship in having to construct a road for only this single lot.
There was a recommendation from the Planning Department that the lot line between the property be reconfigured
to allow the septic to be moved further away from the pond. The entrance for the lot now is over property that the
applicant does not own. The lot lines can be moved so that the lots are accessed over their own land and there will
be one common driveway onto Santuit-Newtown Road. There is no foreseen hazard to traffic as the road is
straighter at this location than at the present driveway location. This would also allow the septic system to be
located 200 feet from the pond's edge. This will effect the back corner of the lots. The entire frontage on the street
is 240 feet and each lot will have 120 feet of frontage. Both lots comply with the lot shape factor. Lot 2A shape
factor is 15.20. Lot 2B shape factor is 17.01.
Public Comments:No one spoke in favor or in opposition to this appeal.
The Board discussed the proposed location of the septic system. It was suggested that the Engineer locate the septic
system on Lot 2A no closer than 200 feet from the edge of the pond and then show the location of the lot lines. The
Board requested the shape factor and the location of the septic system be shown on the revised plan and brought to
the continuance. This appeal was continued to June 25, 1997 at 7:10 PM.
Appeal Number 1997-62 is continued to June 25, 1997 at 7:10 PM.
• 6
ty
PA TYS O� N WLL PR07EMM N0�' 1 CERTIFY THAT THIS PLAN HAS
O A BEEN PREPARED IN CONFORMITY WITH
QO' P O . LOT COVERAGE: THE RULES AND REGULATIONS OF.THE
0� NO MORE THAN FIFTY PERCENT (50%) OF THE TOTAL UPLAND REGISTERS OF DEEDS. tEnM
AREA OF ANY LOT SHALL BE MADE IMPERVIOUS BY THE R.L.S. e U
INSTALATION OF BUILDINGS, STRUCTURES AND PAVED SURFACES. I �"""
SITE CLEARING: � �� � I N
f I JUN 1 9 W.
A MINIMUM OF THIRTY PERCENT (30%) OF THE TOTAL UPLAND i �•• i.f I a
AREA OF ANY LOT SHALL BE RETAINED IN.ITS NATURAL STATE, X I I a
LOVELLS WITH ONLY LIMITED SELECTIVE CUTTING OF TREES AND CLEARING .
POND OF UNDERSTORY SHRUBS AND GROUNDCOVER ALLOWED. TQ'hil OF E3r.s;i`Sl;,!�(-E
70NING e0M.D OF AN',.
�s��
LOCUS MAP
SCALE 1 25,000
ASSESSORS FOR REGISTRY USE
AAP 26 PARCEL 37-3 m j GRAPHIC SCALE .
RF & W.P. 6 O ao 60
o_
ZONE n
RF n
MINIMUMS y
AREA = 43.560 S.F. co
FRONTAGE- 150' a
J
FRONT SETBACK = 30' (L
SIDE SETBACKS 15'
REAR SETBACK 15'
BUILDING HEIGHT = 30'
C.B. FND..
ro t P
0.
,596. c �
6�D
O s
� N84'37'52"E �p ,
/ \ �0EPTI SYSTEM
SSTEM
10
S z�
I—AREA FrR5 X t00'
C.B. FND.. 74.641 sq.ft.upland �$
O
fo a 5,386 sq.ft. wetland
p cobon di \slipg 1.84 acres local
�O 91ii=e rl�ew
d
/ o
r Y
/ 3� • . ,,F. o�
L6 TO�V
S.
.
JO a)- , w XTCAND
Q
�'� • ' O y
,ery \ b ur
2�r C.B. FND. 1333
'$ 51.638 sq.fl. upland 1 686 sg ft.
ti 17.655 sq.ft.wetland DWE b
pC W�Y
1.60 acres total �� y
y0
shape number 16.18 p�' N o
+ m
m O
y W W •u w y y .y Ong
G.P.5.
.1, y y W W y � V. � t:ROM j0'� Po
q a' + y wENLAND + + �L �L J� ��L OIGtt11ED )�7 p
lrp 9 aro r�
FgCf , h" y .y V� v, `� Y
CO
/ PLAN..OF LAND
IN
(SANTUIT)
BARNSTABLE MASS.
k. DOES NOT MEET TOWN OF BARNSTABLE FOR
ZONING REQUIREMENT OF 150.00' BARNSTABLE PLANNING BOARD
1AR1ANCE REQUIRED. CONSTANCE A. BRACKETT
APPROVAL UNDER THE SUBDIVISION
CONTROL LAW NOT REQUIRED. SCALE: 1 40' DATE:NOV. 13,1996
DATE: REV. DEC. 18,1996 REV. MARCH 25,1997
REV. JUNE 16,1997
BAXTER & NYE INC,
REGISTERED LAND SURVEYORS'
NOTE: NO DETERMINATION AS TO CIVIL ENGINEERS
, ,�+c�="`
COMPLIANCE WITH THE ZONING OSTERVILLE, MASS. �� WILLIAIA
I 1 C.
ORDINANCE REQUIREMENTS HAS s N r E
BEEN MADE OR INTENDED BY THE Nc.19+3
SST
ABOVE ENDORSEMENT. C
WETLAND LOCATIONS BY 1A1RGO EAST INC. N9 11