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Home My WebLink AboutSR-2023-011 773 South Main St LLC 773 South Main St CENT Mod of SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2023-011 – 773 South Main St LLC Modification of Special Permit No. 2019-005 Condition No. 4 Or, in the alternative, a Special Permit in accordance with Section 240-131.4 (E) Dimensional Relief To modify Special Permit No. 2019-005 to allow an additional accessory structure (in-ground pool) approximately 3 feet from westerly property line Date: June 1, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: 773 South Main St LLC Property Address: 773 South Main Street, Centerville, MA Assessor's Map/Parcel: 185/013 Zoning: Craigville Beach District (CBD) Centerville River North Bank (CRNB) Filed: May 8, 2023 Hearing: June 14, 2023 Decision Due: August 16, 2023 Copy of Public Notice 773 South Main Street, LLC has applied to modify Condition No. 4 of Appeal No. 2019-005 to allow an additional accessory structure on the property, and has applied for a Special Permit in accordance with 240-131.4(E) for relief from minimum yard setbacks, if the Board finds it necessary. The Applicant proposes to install an approximately 12 foot by 20.5 foot in ground pool approximately 3 feet from the westerly property line. The Applicant seeks to modify Condition No. 4 of Appeal No. 2019-005 to allow the proposed pool as an accessory structure. The subject property is located at 773 South Main Street, Centerville, MA as shown on Assessor’s Map 185 as Parc el 013. It is located in the Craigville Beach District (CBD) and the Centerville River North Bank (CRNB) Neighborhood Overlay Zoning Districts. Background The subject property consists of .28 acres and is located on South Main Street overlooking the Centerville River, Centerville. The area is single family residential with a mixture of lot sizes and dwelling sizes. According to the Assessors records, the lot is currently developed with two residential structures. The principal dwelling contains 5,882 gross square feet, 7 bedrooms, and constructed in 1920. The second structure, an accessory structure originally constructed as a garage, contains (per the Assessor) 799 square feet of living area (1,588 gross square feet) and 1 bedroom. The building is set back 13.5 feet from South Main Street and 1.5 feet from the western property line. In August 1989, the Board granted Special Permit No. 1989-67 for a 22’ by 22’ expansion of a preexisting nonconforming accessory garage not in compliance with the 10 foot minimum side yard setback. The permit was granted with the following conditions: 1. The driveway area shall be expanded and the shrubs removed/relocated to allow for a safe turnaround and safe entrance on to South Main Street. 2. The proposed addition shall be for storage purposes only. 3. No plumbing shall be placed in the area of the addition. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-011 – 773 South Main St LLC 2 In March, 2019, the Board granted Special Permit 2019-005 in order to modify the 1989 Special Permit to establish a Family Apartment in the existing second structure and at that time the Board set Condition 4 prohibiting any additional accessory structure without prior approval from the Board. With this application, the Applicant seeks to modify Condition No. 4 to allow an in-ground pool 3 feet from the property line. The property is within the Craigville Beach District, an area designated by the Cape Cod Commission as a District of Critical Planning Concern. The Craigville Beach DCPC was initiated by village residents concerned with the changing character of the area and adverse impacts to the Centerville River. The DCPC addresses issues related to natural and ecological resources; cultural, historic and architectural resources; natural hazards; wastewater management; and waterfront management. The regulations contained in Section 240-131 are the adopted DCPC implementing regulations. These implementing regulations are the means by which all development is regulated within the district; grandfathering provisions and/or nonconforming rights conferred by M.G.L. Chapter 40A do not apply within the Craigville Beach District. Proposal & Relief Requested 773 South Main Street, LLC has applied to modify Condition No. 4 of Appeal No. 2019-005 to allow an additional accessory structure on the property, and has applied for a Special Permit in accordance with 240-131.4(E) for relief from minimum yard setbacks, if the Board finds it necessary. The Applicant proposes to install an approximately 12 foot by 20.5 foot in ground pool approximately 3 feet from the westerly property line. The Applicant seeks to modify Condition No. 4 of Appeal No. 2019-005 to allow the proposed pool as an accessory structure. The subject property is located at 773 South Main Street, Centerville, 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. Suggested findings are as follows:  Whether or not the application falls within the category specifically excepted by this chapter.  An evaluation of all the evidence presented at the public hearing by the petitioner and interested parties as it relates to the fulfillment of the spirit and intent of this chapter without substantial detriment to the public good or the neighborhood affected.  A site plan has been reviewed and found approvable in accordance with Article IX herein subject only to the issuance of a special permit. Further, §240-131.4 of the Craigville Beach DCPC ordinance states that in granting a special permit, the Board shall find that:  The proposed alteration/expansions are not substantially more detrimental to the environment, community and/or historic character of the neighborhood than the existing building or structure. This proposal is consistent with the purpose and intent of the Craigville Beach District, which is to guide development pursuant to the Guidelines of Barnstable County Ordinance 09-10 to ensure that development and redevelopment meets the following standards: Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-011 – 773 South Main St LLC 3  Contributes to and respects the character and historic development patterns of the area and minimizes inconsistent redevelopment impacts to the historic and community character resources in this area.  Protects and preserves scenic views and vistas and ways to the water.  Protects and improves natural resources, including but not limited to the barrier beach and groundwater and coastal water quality and minimizes development and redevelopment impacts to the natural resources and ecosystems in this district.  Protects human life and property from the hazards of periodic flooding.  Preserves the natural flood control characteristics and the flood control function of the floodplain. This proposal is consistent with the general performance standards and design guidelines Centerville River North Bank neighborhood as follows:  The subject structure is not within a FEMA designated flood zone. Suggested Conditions Should the Board find to grant Special Permit 2023-011, the modification of Special Permit No. 2019-005, it may wish to consider the following conditions: 1. Special Permit No. 2023-011 is granted to 773 South Main Street, LLC to modify Condition No. 4 of Appeal No. 2019-005 to allow an additional accessory structure on the property of an approximately 12 foot by 20.5 foot in ground pool approximately 3 feet from the westerly property line at 773 South Main Street, Centerville, MA. 2. Special Permit No. 2019-005 has been modified to grant the accessory structure as proposed. All other conditions shall remain in full force and effect. 3. The site development shall be constructed in substantial conformance with the plan entitled “Proposed Pool Plan” Sheet C2.0 by Baxter Nye Engineering & Surveying dated February 10, 2023 with the last revision date of March 21, 2023. 4. The proposed development shall represent full build-out of the lot. Further expansion of the dwelling or construction of additional accessory structures is prohibited without prior approval from the Board. 5. The proposed pool will be approximately 3 feet from the property line where 15 feet is required in accordance with Section 240-131 5. (B). 6. All mechanical equipment associated with the dwelling (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 7. 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 Liza Cox) Attachments: Application Plans Special Permit No.1989-67 Special Permit No. 2019-005