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Home My WebLink About0012 GLEN ROAD ��,� ��. �- _ i I Anderson, Robin From: McKean, Thomas Sent: Friday, July 26, 2019 3:30 PM To: McKenzie, Marybeth; Anderson, Robin Subject: Please Call Lisa Johnson/ Bird Feeding / Bird Feces Will you please call Lisa Johnson of 12 Glen Road at(774) 368-2604. She is asking for more help. The neighbor at#20 continues to feed birds. His name is Joia Reece. There is bird crap all over her$35,000 car every day. It's also all over her,lawn furniture. She can't have cook-outs She has a video tape of her neighbor feeding the birds-throwing it onto his driveway. She is paying$1,600 per month for rent to own this house and she's had enough. She is talking about going to Town Hall and the newspapers. ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Robin- Are you available to assist in filing a court complaint against the violator? NOTE: According to Lisa Johnson,the neighbor on the other side is actually Joia's son-in -law. All of the other neighbors are not happy about the bird feces. i 1 4 �oF '°wti Town of Barnstable BMWSPABI.T'w : Regulatory Services 9q, 639. �•� Thomas F. Geiler,Director ATED MA'S A � Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 4, 2004 Timothy J. McAuliffe 12 Glen Road Hyannis,MA 02601 Re: 12 Glen Road (3 Glen Road), Hyannis Map 288 Parcel 016 Dear Mr. McAuliffe: On April 27, 2004, our Building Inspector David Mattos verified that 12 Glen Road is a single-family residence and.does not contain an apartment. In order to establish a family apartment in the future, it would be necessary to reapply to the Zoning Board of Appeals and obtain a building permit. Please call me if you have any questions. Sincerely, Lois Barry Division Assistant Town of Barnstable Regulatory Services , '& �EDMA'�a Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Dave Mattos FROM: Lois Barry DATE: 4/26/04 RE: Verification of Single Family Residence 0 Glen Road, Hyannis Tom Perry would like you to verify that this property does not contain a family apartment (see attached). Please let me know when you have verified that it is a single-family residence. DATE OF INSPECTION V -;L r SIGNATURE //dp 7" / J030303b FIB T Town of Barnstable •ARNSTABLE, : Regulatory Services MASS. �� 1639. Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Tom Perry FROM: Lois Barry DATE: 4/14/04 RE: 3 Glen Road,Hyannis Timothy McAuliffe received a ZBA decision for a family apartment in 1994 (1994- 93 attached). He has been submitting affidavits for several years stating his son lives in the family apartment. On his 2003 affidavit he also checked that the apartment had been dismantled. I have spoken with him about this and he said he never built the apartment because he doesn't want to put money into the property because of problems with the neighbors. He said there are two rooms in the basement but no kitchen. On his 2004 affidavit he states that the apartment was never built. Do you want to have David visit the property to be sure there is no apartment? If we verify there is no family apartment, perhaps we should write to him that he would have to reapply for a family apartment and get a building permit if he decides to have a family apartment in the future. His Special Permit decision does not say it must be acted on within a year, but refers to Section 5-3.3 of the Zoning Ordinance. Town of Barnstable Regulatory Services oF'THE-, Thomas F.Geiler,Director Building Division sAxrisTAs Tom Perry, Building Commissioner MASS. s639. 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is Z/*Wa71-1-/ - 7' �cA14'-L-f I am the owner/resident of the property located at: �` 704,E ��YeI—,V `�5 l� 0&C1 Map and Parcel Number The ZBA granted me a Special PermitNariance on Date Appeal No. The decision of the Zoning Board of Appeals has been recorded with the Registry of Deeds in Barnstable County: Book Page The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The,apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this �"7-11 day o� 2004. zl� c 4�=77 vG ' Signatur Phone Number Print Name O`G �1�� l.� Tine7 �v.4 5 /c<�v�Jc. �_sL7r /3csc��4E c� G Q/bldg/forms/famaffid ,�/ ! v 5 S •�!�SS ¢.mod 7'Az,-x-r T1-414f� Rev:1/03 /�tCaCl l�GGR— lCl /GLSOK L2v�.clG DK Town of Barnstable Regulatory Services of1He r Thomas F.Geiler,Director -G A13LE Building Division 5 * BA" ^BIX * Tom Perry, Building Commissioneno JAM 22 200 Main Street,Hyannis,annis MA 02601 ArED��p y , DIVISION Office: 508-8624038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on�oath, depose and state as follows: My name is � �. � 1� I am the owner/ side of the property located at: � � Map and Parcel Number The ZBA granted me a Special Permit/Variance one ✓? Date Appeal No. The decision of the Zoning Board of Appeals has been recorded with the Registry of Deeds in Barnstable County: Book Page The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I.understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: , The apartment has been dismantled. fZtA�-�_1&t'� �71 The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this 2-1 day of J14-11 2003: Signature Phone Number Print Name Q/bldg/forms/famaffid Rev:1/03 Town of Barnstable Regulatory Services °F'THE�qy Thomas F.Geiler,Director Building Division joW." of BARN-STABLE r ♦ N &UMSreBM ; Peter F.DiMatteo, Building Commissioner t 11� 200 Main Street,Hyannis,MA 02601 joo2 FEB 20 PM Office: 508-862-4038 �j�Gy 90-6230 SION Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is IWO I am the owner/resident of the property located at: 7 Map and Parcel Number qe_4'� -41 The ZBA granted me a Special Permit/Variance on Date Appeal No. The following members of my family will be the sole occupants of the Family Apartment at the aforemenfioned address: Name &relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this i aj day of / 2002, - �Z25"-3PFy Signature Phone Number Print Name Q/bldg/for=/famaffld Rev:010702 d� Town of Barnstable /�✓ Regulatory Services �OFIKE t0{��C Thomas F.Geiler,Director Q �'i 8 t'RS TP+6l..E Building Division 9HARNSTABM$ Tom Perry, Building Commissione�od�j �A 22 9 {5 1639. 200 Main Street,Hyannis,MA 02601 �ArED MA'S A Office: 508-862-4038 Fax: .508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is ao7'/lv Or- I am the owner/.es de of the property located at: f--- Map and Parcel Number The ZBA granted me a Special Permit/Variance on Date Appeal No. The decision of the Zoning Board of Appeals has been recorded with the Registry of Deeds in Barnstable County: Book Page The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner:' �U��l Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: t.-�The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this 2_1.5 day of J411. 2003. Signature Phone Number Print Name /,:;vi� Q/bldg/forms/famaffid Rev:1/03 Town of Barnstable Regulatory Services ptr��rok� Thomas F.Geiler,Director (/ Building Division MOWN Q OAftSTABLE [A� snuvsznst.E Peter F.DiMatteo, Building Commissioner 16yg. ��0� 200 Main Street,Hyannis,MA 02601 Z002 FEB 20 pM 3. 44 .. Office: 508-862-4038 �j�0, _' __E 90-6230 is ON Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is i I am the owner/resident of the property located at: Map and Parcel Number The ZBA granted me a Special Permit/Variance on G�_ d Date Appeal No. The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: /IdL J��L 50 Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that 1 am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of 40` 2002. Z7 S-3C r y Signaturef Phone Number Print Name Q/bldg/forms/famaffid Rev:010702 ' i BARNSTABLE AFFIDAVIT -_7 ,T being on oath, 0 depose and state as bllows: I reside at —� \ 2.) I am the owner of the prop rty located at shown on Barnstable Assessors' maps as MAP 091.8-0 PARCEL -0 - r 3 I D �Do not have a Family Apartment at this location. 4.) On , 199 . the Zoning Board of Appeals, on Appeal No. granted me a Special Permit/Variance to maintain a Family Apartment at the above address. 5.) I understand that the Family Apartment may only be occupied by members of my family who are persons related to me by blood or by marriage. 6.The following members of my family will be the sole occupants of the Family Apartment at the above addres,s;_... a) NAME /� -,T- Relationship to owner b) NAME Relationship to owner: 7.) The Family Apartment will be the primary year round residence for the above-identified family members. 8.) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 9.) I understand that no subletting or subleasing of said Family Apartment is permitted. 10.) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said Family Apartment. 11.) I understand that I am required to comply with all conditions imposed by the Board of Appeals in Appeal No. 12.) I agree to immediately notify the building Commissioner in the event of the sale of the above- listed property. Sworn to under the pains and penalties of perjury this day of � �vU� , IRA Signature Print Nai COMMONWEALTH OF MASSACHUSETTS BARNSTABLE AFFIDAVIT ENO mg on oath, depose and state as follows: V E D1.) I reside at_, ' �, 1�_ ______________2.) I am the owner of the property located NSTA8LEDIV \ - - - -------------- shown on Barnstable Assessors' maps as MAP,,�fB ____ PARCEL_O _----------___ 3.) I Do___J ----Do not._______________have a Family Apartment at this location. 4.) On__ _ ___, 199'?"" the Zoning Board of Appeals, on Appeal No.,9 P� granted me a Special Permit/Variance to maintain a Family Apartment artment at the above address. 5.) I understand that the Family Apartment may only be occupied by members of my family who are persons related to me by blood or by marriage. 6. The following members of my family will be the sole occupants of the Family Apartment at the above address- a) NAME_/ � ------------------------------------ Relationship to owner:_ C---------------------------------------------- b) NAME Relationship to owner:------------------------------------------------------ 7.) The Family Apartment will be the primary year round residence for the above-identified family members. 8.) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 9.) 1 understand that no subletting or subleasing of said Family Apartment is permitted. 10.) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said Family Apartment. 11.) I understand that I am required to comply with all conditions imposed by the Board of Appeals in Appeal No. -------� -1 ------------------------------------------- 12.) I agree to immediately notify the Building Commissioner in the event of the sale of the above- listed property. Sworn to under the pains and penalties of perjury this --,?---day of Owe'lI 199 Signature Pnnt --f�ryr�T.�r_✓__- c _vl .Fc�-------------------------------------- Town of Barns _ Zoning Board of Appeals _ _ :zi Decision and Notice 1p,+- G Appeal No. 1994 - 93 Summary: Granted with Conditions Applicant: Timothy and Mary McAuliffe Address: 3 Glen Road,Hyannisport, MA 02646 Assessor's Map/Parcel: 288-016 0.23-acres Zoning: RF-I, Residence F-1 District Zoning Overlay District: WP-Wellhead Protection District Applicant's Request: Special Permit, Section 3-1.1 (3 D) Family Apartment; Activity Request: To permit construction of two new additions(estimated at 726 sq.ft.)to an existing one story residential dwelling,to be used as a family apartment. Procedural Provisions: Section 5-3.3 Special Permit Provisions Background: The lot is located in Hyannis on the east side of Glen Road,one lot south of the intersection with Smith Street. The lot is served by public water and gas and has a private septic system. According to the Assessor's Records,the lot is 0.23 acres,and is developed with a one-story,2 bedroom,one bath single- family dwelling with a gross floor area of 912 sq.ft. The records indicate the structure was built in 1965. According to the submitted building plans the family apartment unit is to be developed in two locations, as a new bathroom/ full bedroom at the north-east corner(gross area measured as 222 sq.ft.)and,at the south end of the existing structure,a bathroom and two rooms (one indicated as a bedroom)with 459 sq.ft. of floor area. The site plan submitted with the application does not reflect the proposed building design drawings with three sheets titled"McAuliffe Additions.3 Glen Road.Hvannisport"by Devlin Custom Designs,dated 9/22/941 first floor plan]and 9/l/94 [elevations and crawl space foundations] Procedural Provisions: This appeal was filed with the Town Clerk on September 29, 1994 and scheduled for hearing before the Zoning Board of Appeals on November 2. 1994. Board Members sitting on this appeal are,Rob Thorne, Ron Jansson Richard Boy,Emmett Glynn and Chairman Gail Nightingale. Attorney Bruce Gilmore representing the McAuliffes explained that two requests,Appeals No. 1994-93 and 1994-94 are before the Board today and both would be presented together if the Board would agree. The Board agreed. He proceeded that Appeal No. 94 is for a variance to the setback and Appeal No. 93 was for a special permit for a family apartment. He explained that this family had been wrought with tragedy as the father was incapacitated for years,the mother is retired from Filene's,the daughter was in a debilitating care accident and is brain damaged and the son has spinal myopathy and will be responsible for the daughter at the passing of the parents. As far a uniqueness this lot is the only home in the neighborhood that does not encroach into the 10 foot setback. The request in to encroach by 4 feet. There is no neighborhood objection. The proposed addition for the family apartment is less than 50%of the total gross floor area of the home. s f' Z BA Decision and Notice McAuliffe— 1994-93 Public Comment: None in favor or opposed. FINDINGS: The Board made the following findings as related to Appeal No 1994-93 for a Special Permit for a Family Apartment. 1.The locus is at 3 Glen Road in a RF1 residential Zoning District. 2. All residential zoning districts allow family apartments so long as certain conditions are fulfilled which are stated in the Zoning Ordinance Section 3-1.31) 4. In granting this request it would not be detrimental to the spirit or intent of the Zoning Ordinance 5. In granting this request it would not be substantially detrimental to the neighborhood. DECISION: Based upon the positive findings,a motion was made by Ron Jansson and seconded by Richard Boy to grant Appeal No. 1994-93—.Special Permit for a Family Apartment with the following conditions. 1. Compliance to all provisions of the Town of Barnstable's Zoning Ordinance, Section 3-1.1 (3 D)and Section 5-3.3. Order: Appeal No. 1994-93 Special Permit for Family Apartment is granted. Appeals of this decision,if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty (20)days after the date of the:filing of this decision in the office of the Town Clerk. Nightingale, irman DatWSigded j I I Linda Leppanen,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 wn Clerk. Signed and sealed this t o 'day of 19? under the pains and penalties of perjury. QJ ,� Linda Leppanen, Tmvn Clerk copies Applicant/Attorney +� Building Commissioner ZBA File 2 oFt ro,,, Town of Barnstable do ,ARNSMIM : Regulatory Services 94, 9 Thomas F. Geiler,Director ATFO MA'S a � Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 4, 2004 Timothy J. McAuliffe 12 Glen Road Hyannis, MA 02601 Re: 12 Glen Road(3 Glen Road), Hyannis Map 288 Parcel 016 Dear Mr. McAuliffe: On April 27, 2004, our Building Inspector David Mattos verified that 12 Glen Road is a single-family residence and does not contain an apartment. In order to establish a family apartment in the future, it would be necessary to reapply to the Zoning Board of Appeals and obtain a building permit. Please call me if you have any questions. Sincerely, Lois Barry v� Division Assistant �IMME ti Town of Barnstable o� BARNSTABLE, : Regulatory Services MAffi. g i63� ♦0 1°rFnMA'�" Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Dave Mattos FROM: Lois Barry DATE: 4/26/04 RE: Verification of Single Family Residence 0 Glen Road,Hyannis Tom Perry would like you to verify that this property does not contain a family apartment (see attached). Please let me know when you have verified that it is a single-family residence. DATE OF INSPECTION 7 0 r SIGNATURE NO /,07- '7' J030303b i FtMME� Town of Barnstable 0 Regulatory Services BMW9rABM 9qj MASS. Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Tom Perry FROM: Lois Barry DATE: 4/14/04 RE: 3 Glen Road, Hyannis Timothy McAuliffe received a ZBA decision for a family apartment in 1994 (1994- 93 attached). He has been submitting affidavits for several years stating his son lives in the family apartment. On his 2003 affidavit he also checked that the apartment had been dismantled. I have spoken with him about this and he said he never built the apartment because he doesn't want to put money into the property because of problems with the neighbors. He said there are two rooms in the basement but no kitchen. On his 2004 affidavit he states that the apartment was never built. Do you want to have David visit the property to be sure there is no apartment? If we verify there is no family apartment, perhaps we should write to him that he would have to reapply for a family apartment and get a building permit if he decides to have a family apartment in the future. His Special Permit decision does not say it must be acted on within a year, but refers to Section 5-3.3 of the Zoning Ordinance. Town of Barnstable Regulatory. Services °FtME`�gy Thomas.F.Geller,Director Building Division SARMASIX Tom Perry, Building Commissioner MAM . �� 200 Main Street,Hyannis,MA 02601 �ATED NIA'1 A Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is 1j�a71,4-j --7, a&A401 Z-f I am the owner/resident of the property located at: 3 Map and Parcel Number The ZBA granted me a Special Permit/Variance on Date Appeal No. The decision of the Zoning Board of Appeals has been recorded with the Registry of Deeds in Barnstable County: Book Page The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: ` Name &relationship to owner: The Family Apartment will be the primary year-round residetice for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The.apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this 7-11 day o L 2004. c -529Z 775 So Signatur Phone Number Print Name l411*0_f97'_ Q/bldg/forms/famaffidE�C/—� ! 0��— !��/GEf'S O�- /?/ T,/�__��-�� Rev:i/03 t`� t X jJc_ F�G�G 2✓ .�t G L r�/ 71tL:Cam'C'5 t. f Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1994 - 93 Summary: Granted with Conditions Applicant: Timothy and Mary McAuliffe Address: 3 Glen Road,Hyannisport, MA 02646 Assessor's Map/Parcel: 288-016 0.23 acres Zoning: RF-1, Residence F-1 District Zoning Overlay District: WP-Wellhead Protection District Applicant's Request: Special Permit,Section 3-1.1 (3 D) Family Apartment; Activity Request: To permit construction of two new additions(estimated at 726 sq.ft.)to an existing one story residential dwelling,to be used as a family apartment. Procedural Provisions: Section 5-3.3 Special Permit Provisions Background: The lot is located in Hyannis on the east side of Glen Road,one lot south of the intersection with Smith Street. The lot is served by public water and gas and has a private septic system. According to the Assessor's Records,the lot is 0.23 acres,and is developed with a one-story,2 bedroom,one bath single- family dwelling with a gross floor area of 912 sq.ft. The records indicate the structure was built in 1965. According to the submitted building plans the family apartment unit is to be developed in two locations,as a new bathroom/ full bedroom at the north-east corner(gross area measured as 222 sq. ft.)and,at the south end of the existing structure,a bathroom and two rooms (one indicated as a bedroom)with 459 sq.ft. of floor area. The site plan submitted with the application does not reflect the proposed building design drawings with three sheets titled"McAuliffe Additions,3 Glen Road,Hyannisport"by Devlin Custom Designs,dated 9/22/94 [first floor plan] and 9/l/94 [elevations, and crawl space foundations]. Procedural Provisions: This appeal was filed with the Town Clerk on September 29, 1994 and scheduled for hearing before the Zoning Board of Appeals on November 2. 1994. Board Members sitting on this appeal are,Rob Thorne, Ron Jansson Richard Boy,Emmett Glynn and Chairman Gail Nightingale. Attorney Bruce Gilmore representing the McAuliffes explained that two requests,Appeals No. 1994-93 and 1994-94 are before the Board today and both would be presented together if the Board would agree. The Board agreed. He proceeded that Appeal No.94 is for a variance to the setback and Appeal No.93 was for a special permit for a family apartment. He explained that this family had been wrought with tragedy as the father was incapacitated for years,the mother is retired from Filene's,the daughter was in a debilitating care accident and is brain damaged and the son has spinal myopathy and will be responsible for the daughter at the passing of the parents. As far a uniqueness this lot is the only home in the neighborhood that does not encroach into the 10 foot q Y g setback. The request in to encroach by 4 feet. There is no neighborhood objection. The proposed addition for the family apartment is less than 50%of the total gross floor area of the home. Public Comment: None in favor or opposed. ZBA Decision and Notice �- McAuliffe-- 1994-93 FINDINGS: The Board made the following findings as related to Appeal No 1994-93 for a Special Permit for a Family Apartment. 1.The locus is at 3 Glen Road in a RF1 residential Zoning District. 2. All residential zoning districts allow family apartments so long as certain conditions are fulfilled which are stated in the Zoning Ordinance Section 3-1.3D 4. In granting this request it would not be detrimental to the spirit or intent of the Zoning Ordinance 5. In granting this request it would not be substantially detrimental to the neighborhood. DECISION: Based upon the positive findings,a motion was made by Ron Jansson and seconded by Richard Boy to grant Appeal No. 1994-93 --Special Permit for a Family Apartment with the following conditions. 1. Compliance to all provisions of the Town of Barnstable's Zoning Ordinance,Section 3-1.1 (3 D)and Section 5-3.3. Order: Appeal No. 1994-93 Special Permit for Family Apartment is granted. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. Gail Nightingale,Chairman Date Signed g I Linda Leppanen,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 day of 19 under the pains and penalties of perjury. Linda Leppanen, Town Clerk copies Applicant/Attorney Building Commissioner ZBA File 2