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HomeMy WebLinkAboutSR-2023-003 Stone 94 Indian Trail BARN Acc Use SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2023-003 – Stone, Trustee Section 240-44 A. Accessory Uses by Special Permit To allow the construction of an accessory building on a lot immediately opposite and across the roadway from the lot on which the principal use it serves is located Date: January 24, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Hilary M. Stone, Trustee of the Malpass Trust Property Address: 94 Indian Trail, Barnstable, MA Assessor's Map/Parcel: 336/015 Zoning: Residence F-1 (RF-1) Filed: January 5, 2023 Hearing: February 8, 2023 Decision Due: April 15, 2023 Copy of Public Notice Hilary M. Stone, Trustee of the Malpass Trust, has applied for a Special Permit pursuant to Section 240-44 A. Accessory Uses Permitted with a Special Permit. The Applicant seeks to construct an accessory structure (boat barn/garage/greenhouse) on a lot immediately opposite and across the roadway from the lot on which the principal use it serves is located, with both lots being held in identical ownership. The subject property is located at 94 Indian Trial, Barnstable, MA as shown on Assessors Map 336 as parcel 015. It is located in the Residence F-1 (RF-1) Zoning District. Background The subject property is a vacant 0.9 acre lot with frontage on Indian Trail and Swallow Hill Drive, Barnstable. The Applicant’s primary dwelling is located at 75 Indian Trail directly across the street. The residential neighborhood consists of a variety of sized lots. Proposal & Relief Requested Hilary M. Stone, Trustee of the Malpass Trust, has applied for a Special Permit pursuant to Section 240-44 A. Accessory Uses Permitted with a Special Permit. The Applicant seeks to construct an accessory structure (boat barn/garage/greenhouse) on a lot immediately opposite and across the roadway from the lot on which the principal use it serves is located, with both lots being held in identical ownership. The subject property is located at 94 Indian Trial, Barnstable, MA Proposed Special Permit Findings For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C). The Board should review the evidence presented by the Applicant, staff, and members of the public and, after weighing such evidence, is encouraged to articulate if and how the evidence contributes to each of the required findings. 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Section 240-44 A. states In residential zoning districts, accessory uses and structures on a lot adjoining or immediately opposite and across a road from the lot on which the principal use it serves is located, provided that both lots are retained in identical ownership with respect to both fee and no-fee interests. 2. Site Plan Review is not required for single family residential dwellings. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-003 Stone 2 3. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. Suggested Conditions Should the Board find to grant the Special Permit No. 2023-003, it may wish to consider the following conditions: 1. Special Permit No. 2023-003 is granted to Hilary M. Stone, Trustee of the Malpass Trust, pursuant to Section 240-44 A. Accessory Uses Permitted with a Special Permit to allow the construction of an accessory structure (boat barn/garage/greenhouse) on a lot immediately opposite and across the road from the lot on which the principal use it serves is located, with both lots being held in identical ownership at 94 Indian Trial, Barnstable, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Proposed Building Plot Plan 94 Indian Trail Barnstable (Cummaquid) MA” by Meyer & Sons dated July 24, 2020. 3. The proposed development shall represent full build-out of the lot. Further alteration or expansion of the structure or construction of additional accessory structures is prohibited without prior approval from the Board. 4. All mechanical equipment associated with the structure (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 5. The decision shall be recorded at the Barnstable County Registry of Deeds and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to the issuance of a building permit. The rights authorized by this special permit must be exercised within two years, unless extended. Copies: Applicant (c/o Attorney Michael Schulz) Attachments: Application Site Plan