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HomeMy WebLinkAboutPublic Comment Attachments to Attorney Reveres email 1 LAW OFFICES OF PAUL REVERE, III 226 River View Lane Centerville, Massachusetts 02632 (508) 237-1620 revereiii@aol.com A. Lot Size is Improperly Calculated (Sec. 240-91.H.3(b)) i. 6,000 square feet – Land Court Document #14670079 (p.3-4, Deed, p. 4 Plan) ii. Down Cape Calculations Includes Flooded Land on Bank (p. 4 Plan, p. 5 Photo) 240-7.C – Lot size requirements. Wetlands shall not be included in the lot area (square feet) requirement for zoning compliance. 240-128 – Wetland -The land under the ocean or under any bay, lake, pond, river, stream, creek or estuary; any wet meadows, marshes, swamps, bogs, areas where high groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrata for a plant community for at least five months of the year, lowland subject to any tidal action or annual storm flooding or flowage, or any flat, beach, dune or other shifting sand formation iii. ZBA Should Not Act Until Properly Calculated Lot Size Is Used B. Building Size Calculations (Sec. 240-91.H.3(b)) Area Calculations - Barnstable Assessors’ Living Area – 2,517 sq. ft. (400 finished basement) Existing per Pigott Plans – 3,588 sq. ft. (832 finished basement) (p. 7) Proposed per Pigott Plans – 3,321 sq. ft. (no finished basement)1 (p. 7-8) OKH Pigott Plans – 4,121 sq. ft. (approx.. 800 sq. ft. finished basement) p. 9-11 C. Relevance of Unfinished Basement Appeal 2021-69 Costa (1/26/2022) Pigott Previously Applied for Special Permit with Unfinished Basement And Immediately Finished It Contrary to Special Permit (pp. 12-15, meeting minutes 1/26/2022) 1 Window well also is not included in calculation of lot coverage. 2 D. Other Differences with OKH Window Arrangements on North and East Sides Differ E. More Detrimental to Neighborhood A. Increase Above Grade Living Space By Approx. 600 sq. ft. B. 3 Story (29.5 ft. plate) versus 2 Story (19.5 foot plate) C. 5 Bedroom versus Existing Four Bedroom D. AC and Shed Remain in Setback F. Conclusion ZBA Should Either Deny or Continue N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y The Piggot Residence J A M E S P H I L L I P G O L D E N A R C H I T E C T 7 4 S U M M I T S T R E E T C E N T R A L F A L L S , R H O D E I S L A N D 0 2 8 6 3 401.413.8073 J G O L D E N @ j a m e s p g o l d e n .c o m copyright 2021 August 30th, 2022cover 0Scale: 1/4" = 1'-0"1'2'4'9 5 s u n s e t l a n e b a r n s t a b l e m a s s a c h u s e t t s the piggot Residence 1,291 SF 321 SF 1,420 SF 610 SF third floor area 610 SF second floor area 1,420 SF first floor area 1,291 SF total 3,321 sf third floor allowable area 1,420 SF * 60% = 852 sf 610 / 1420 = 42.9% AREA CALCULATIONS proposed lot coverage CALCULATIONS 1,692 SF existing garage 380SFfirstfloor 1,222 SF second floor 1534 SF 832 SF second floor area:1,534 SF first floor area:1,222 SF basement area:832 SF total:3,588 sf existing AREA CALCULATIONS 1,671 SF proposed 8396 SF upland proposed 1671 / 8396 = 19.9% existing lot coverage CALCULATIONS 8396 SF upland existing 1692 / 8396 = 20.1% The Piggot Residence J A M E S P H I L L I P G O L D E N A R C H I T E C T 7 4 S U M M I T S T R E E T C E N T R A L F A L L S , R H O D E I S L A N D 0 2 8 6 3 401.413.8073 J G O L D E N @ j a m e s p g o l d e n .c o m copyright 2021 August 30th, 2022Proposed area calculations 0Scale: 1/4" = 1'-0"1'2'4'9 5 s u n s e t l a n e b a r n s t a b l e m a s 11 13 14 15 16 12 1 2 3 4 5 6 7 89 10 Mech. / Stor. 22'-2" x 15'-0" Unexcavated Mech. Storage 30'-0" x 28'-0" Up 16Riserslower level plan1 elevator 4'- 10" FINISHED HOISTWAY4'- 4"FINISHED HOISTWAY B03B02 3'-1"3'-1"5"1'-9"1'- 91 4" 3'-53 4 " 10"1 a2. 0 1 a3. 1 1 a3. 2 1 a3. 0 1 a2. 1 1 a2.2 1 a2.3 SMOKE DETECTORS CARBON MONOXIDE DETECTORCO Legend S CO B01ELEVATORMACHINE ROOM 2'-4" 2'-9" B EGRESS LADDER FOR EGRESS WINDOW WELL WINDOW SILL NO MORE THEN 40"AFF The Piggot Residence J A M E S P H I L L I P G O L D E N A R C H I T E C T 7 4 S U M M I T S T R E E T C E N T R A L F A L L S , R H O D E I S L A N D 0 2 8 6 3 401.413.8073 J G O L D E N @ j a m e s p g o l d e n . c o m copyright 2021 August 30th, 2022Proposed Lower Floor plan 0Scale: 1/4" = 1'-0"1'2'4'9 5 s u n s e t l a n e b a r n s t a b The Piggot Residence J A M E S P H I L L I P G O L D E N A R C H I T E C T 7 4 S U M M I T S T R E E T C E N T R A L F A L L S , R H O D E I S L A N D 0 2 8 6 3 401.413.8073 J G O L D E N @ j a m e s p g o l d e n .c o m copyright 2021 June 15th, 20201cover 0Scale: 1/4" = 1'-0"1'2'4'9 5 s u n s e t l a n e b a r n s t a b l e m a s s a c h u s e t t s the piggot Residence Schematic Design June 15th, 2021 95 Sunset Lane Barnstable, Massachusetts 1 ZONING BOARD OF APPEALS MINUTES Wednesday, January 26, 2022 Chair Jacob Dewey opened the meeting at 7:05 PM with following narrative: Alternative public access to this meeting shall be provided in the following manner: 1. The meeting will be televised via Channel 18 and may be viewed via the Channel 18 website at http://streaming85.townofbarnstable.us/CablecastPublicSite/ 2. Real-time access to the Zoning Board of Appeals meeting is available utilizing the Zoom link or telephone number and Meeting ID provided below. Public comment can be addressed to the Zoning Board of Appeals by utilizing the Zoom link or telephone number and Meeting ID provided below: Join Zoom Meeting Option Telephone Number Option https://zoom.us/j/97457173289 888-475-4499 U.S. Toll Free Meeting ID: 974 5717 3289 Meeting I.D. 974 5717 3289 3. Applicants, their representatives and individuals required or entitled to appear before the Zoning Board of appeals may appear remotely and are not permitted to be physically present at the meeting, and may participate through accessing the link or telephone number provided above. Documentary exhibits and/or visual presentations should be submitted in advance of the meeting to anna.brigham@town.barnsable.ma.us, so that they may be displayed for remote public access viewing. Copies of the applications are available for review by calling (508) 862 4682 or emailing anna.brigham@town.barnstable.ma.us. Chair Jacob Dewey took roll call of members present: Also in attendance, David Bogan – Town Councilor, Anna Brigham - Principle Planner and Rachael Toolas– Administrative Assistant. NOTICE OF RECORDING Please note that this meeting is recorded and broadcast on Channel 18 and in accordance with MGL Chapter 30A §20. I must inquire whether anyone is taping this meeting and to please make their presence known. Response: No Response Member Present via Zoom Absent Alves E. Absent Bodensiek H. Present Dewey J. Present Hansen M. Present Hirsch D. Absent Johnson Present Pinard P. Absent Walantis T. Absent Webb, Aaron Present 2 Approval of Minutes January 12, 2022 - Herb Bodensiek motioned to accept the January 12th minutes, Mark Hansen seconded. Vote: Aye: Jacob Dewey, Herbert Bodensiek, Mark Hansen, Aaron Webb, Denise Johnson Nay: None NEW BUSINESS Chair Dewey reads for the record. 7:10 PM Appeal No. 2021-068 Leverioni Maureen Leverioni has applied for a Special Permit pursuant to Section 240.91 (H)(3) Nonconforming Lot. The Applicant proposes to demolish two existing single story structures and replace the structures with one, two story structure on the same foot print. The subject property is located at 14 Beale Way, Barnstable, MA as shown on Assessor’s Map 279 Parcel 014. It is located in Residence F-1 (RF-1) Zoning District. Attorney Paul Tardif sent a letter requesting to withdraw without prejudice received 1/14/22. Herb Bodensiek motioned to accept the withdrawal without prejudice, Mark Hansen seconded. Vote: Aye: Jacob Dewey, Herbert Bodensiek, Mark Hansen, Aaron Webb, Denise Johnson Nay: None APPLICATION WITHDRAWN WITHOUT PREJUDICE Chair Dewey reads into the record. Assigned Members: Jacob Dewey, Herbert Bodensiek, Mark Hansen, Aaron Webb, Denise Johnson 7:12 PM Appeal No. 2021-069 Costa Alberto and Christine Costa have filed an appeal pursuant to Section 240-88 Appeal of an Administrative Official’s Decision. The Building Commissioner issued a decision dated November 22, 2021 to Cease and Desist. The appeal cites Zoning Ordinance Section 240-91 H. Nonconforming lot and violation of Special Permit 2008-068 as the finished basement exceeds the floor area ratio and the newly installed generator is located too close to the property boundary. The subject property is located at 71 Sunset Avenue, Barnstable, MA as shown on Assessors Map 301 as Parcel 024. It is located in the Residence B (RB) Zoning District. Attorney Charles Sabatt represented the applicants Alberto and Christine Costa. This case involves a Special Permit 2008-068 which was issued to Prudence Pigot, the predecessor in title. It was granted with conditions allowing for the single family dwelling to be razed and replace on a nonconforming lot. The FAR calculations were based on 1st Floor and 2nd Floor living areas and the Garage as stated in the building permit. The basement area was not listed as part of this calculation. The building permit was issued in October 2009 and the occupancy permit in July 2010. In 2011 the house went on the market for sale. When the applicants acquired the new home in November of 2011, the basement was finished. There are photos showing the pictures of the home with the finished basement listed by the real estate agent. They have made no changes to the basement since it was acquired. In November of 2021, the Building Commissioner 3 issued a violation of the Special Permit because the property had violated the FAR calculation. Attorney Sabatt’s argument that this violation notice should be overturned is based on the Statute of Limitations citing Massachusetts General Laws 40A Section 7, which states an expiration of ten years. The dates are important as to when the special permit was granted, the occupancy permit granted and the notification of the violation. It is less clear regarding the generator being in the setback requirement. The applicant is willing to move the generator to comply. Commissioner Brian Florence responded to Attorney Sabatt. There is discussion regarding the generator. The Building Department was not aware of the finished basement and therefore there was not an opportunity to notice the owners until the town was aware of the violation. The Commissioner’s opinion is the notice was given by the Zoning Board when it issued the Special Permit with conditions, as to what would be allowed. Mark Hansen asked if this was precipitated by a complaint to the Building Commissioner. Yes, a neighbor had a complaint and brought to their attention the special permit. Herb Bodensiek states there is no statute for a building violation. This situation is still a violation of the building code. Commissioner Florence responded that the building code is a separate matter and will be enforced. Open for Public Comment – Attorney Paul Revere on behalf of Edith and Joe Dugas, neighbors of the Costas, explains where the generator is located on the property line next to the private way going to the beach. Special Permit 2008-068 defines as part of the condition, all mechanical equipment shall be located to conform with the minimum setback of 10’ or reduced setback required in the permit and screened from the private way to the beach. Therefore the generator is violating the Special Permit. With respect to the finished basement, there was a change of use when the basement became livable space. The building permit did not authorize the basement. Therefore, the violation that was ordered is correct as to the layout of the generator and finished basement exceeding the FAR ratio. Attorney Revere reads an excerpt from the zoning board minutes Appeal No. 2020-031 Garvey which demonstrates the zoning board upholding a decision similar to this matter regarding FAR. Chair Dewey acknowledges the receipt of nine emails with attachments from Mr. Densieski involving Sunset Lane, Barnstable. Attorney Sabatt responds whereby he disagrees with the Building Commissioner’s interpretation of being on notice. Attorney Sabatt explains there is no case law that states the town must be aware of a violation before the statute of limitations begins. An affidavit from the Costas shows the listing sheet with the finished basement . This listing was also in the building permit file. The property listing sheet is from September 2011. It’s been ten years and there were no notifications to the current homeowners until November 2021. This appeal is in reference to the violation of the Special Permit. The building code violation is different from the zoning violation. The statute of limitations is what is being argued (MGL 40A Section 7) to overturn the Building Commissioner’s notice. Herb Bodensiek motioned to close public comment, Mark Hansen seconded. Vote: Aye: Jacob Dewey, Herbert Bodensiek, , Mark Hansen, Aaron Webb, Denise Johnson Nay: None 4 Mark Hansen expounds on the intent of the statute of limitations and how it mostly likely doesn’t pertain to a special permit in this case. Aaron Webb states the applicants inherited this problem. There’s no bedroom in the basement, it’s just recreational space. How are they liable for the violation of the zoning? What is the resolution? Commissioner Florence reiterates that a special permit or variance is issued forever. The building code violation has to be addressed and options that are available will depend on the zoning board’s decision. If it was overturned they would probably have to look into a variance because they exceed FAR. Jake Dewey - The special permit can’t be modified. Member Hansen says the FAR is very tight. I have a hard time overturning the building commissioner on this. Herb Bodensiek stated the finished basement is not allowed and the letter dated 11/22/2021 states the violation. Why is the garage part of the FAR calculation in the special permit? Denise Johnson – Whose interest are we protecting? Chair Dewey explains the Board must decide whether to uphold the original decision by the previous Zoning Board. The special permit follows the property, not the owners, is there a violation of what was granted in the Special Permit 2008-068. Herb Bodensiek asks if the permit can be modified to eliminate the garage calculation as part of the FAR calculation and replace it with the finished basement. Aaron Webb asks Attorney Sabatt if he would like to confer with his client. Attorney Sabatt answers that he is all set. Although, he said it is unclear why the garage was in the original calculation as living space and the basement was not calculated as part of FAR in the original permit. It would still exceed 30% ratio with swapping the garage area. Chair Dewey makes a motion from draft findings from Staff Report dated January 14, 2022 The Board affirms the Building Commissioner’s finding that the finished basement and location of the generator are not in compliance with zoning at 71 Sunset Lane, Barnstable, and MA and to uphold the Building Commissioner’s Cease and Desist enforcement action. Mark Hansen seconded. Vote: Aye: Jacob Dewey, Herbert Bodensiek, Mark Hansen, Denise Johnson Nay: Aaron Webb BUILDING COMMISSIONER’S RULING UPHELD Chair Dewey reads into the record. Assigned members: Jacob Dewey, Herbert Bodensiek, Mark Hansen, Aaron Webb, Denise Johnson 8:06 PM Appeal No. 2021- 070 Pizzillo/Perry Patricia Pizzillo and Ellen M. Perry have petitioned for a Variance from Section 240.13(E) Bulk Regulations in the RC District minimum rear yard setback. The Petitioners seek to construct a 260 square foot addition located 3.2 feet from the rear lot line where a 10’ rear yard setback is required. The subject property is located at 61 Antico Lane, Centerville, MA as shown on Assessor’s Map 172 as Parcel 004-002. It is located in the Residence C (RC) Zoning District.