The URL can be used to link to this page

Home My WebLink AboutSR-2023-019 Vilsaint 358 Flint St MM Site changes SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2023-019 – Vilsaint Section 240-47.2(C)4 – ADU Floor Area and Modify Special Permit No. 2020-038 To demolish and replace an existing accessory structure, as an ADU as well as modify Special Permit No. 2020-038 to further build out the property and allow additions to the principal dwelling Date: December 27, 2022 August 10, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Kevin Y. Vilsaint and Corrie L. Vilsaint Property Address: 358 Flint Street, Marstons Mills, MA Assessor's Map/Parcel: 101/121 Zoning: Residence F (RF) Filed: July 26, 2023 Hearing: August 23, 2023 Decision Due: November 3, 2023 Copy of Public Notice Kevin Y. and Corrie L. Vilsaint have applied for a Special Permit in accordance with Section 240- 47.2 Accessory Dwelling Units (ADUs). The Applicants seek to remove and replace an existing accessory structure with a new accessory dwelling unit (ADU). The Applicants also seek to modify Special Permit No. 2020-038 to allow further build out the property for the accessory dwelling unit and additions to the principal dwelling. The subject property is located at 358 Flint Street, Marstons Mills, MA as shown on Assessor’s Map 101 as Parcel 121. It is located in the Residence F (RF) Zoning District. Background The subject property consists of a 1.4 acre lot with frontage on Flint Street and overlooking Shubael Pond in Marstons Mills, MA. According to the Assessors records, the lot is developed with two dwellings. The first dwelling consists of 4-bedrooms and contains 2,109 square feet of living area (3,754 gross), 2-stores, constructed in 1800. The second dwelling consists of 3-bedrooms and contains 1,386 square feet of living area (2,182 gross), 1-story, constructed in 1800. The area consists of a variety of sized residential lots. Proposal & Relief Requested Kevin Y. and Corrie L. Vilsaint have applied for a Special Permit in accordance with Section 240- 47.2 Accessory Dwelling Units (ADUs). The Applicants seeks to remove and replace an existing accessory structure with a new accessory dwelling unit (ADU) which exceeds the allowable square footage by 484 square feet. The Applicants also seek to modify Special Permit No. 2020-038 to allow further build out of the property for the accessory dwelling unit and additions to the principal dwelling. The subject property is located at 358 Flint Street, Marstons Mills, MA Section 240-47.2 Accessory Dwelling Unit C. Use and dimensional requirements. The Building Commissioner may issue a building permit authorizing the installation and use of an accessory dwelling unit within a lawful existing or new single-family dwelling to which the ADU is accessory, or in a new or existing detached building accessory to and on the same lot as the principal dwelling subject to the following: (1) No more than one ADU may be created per lot. This provision is not subject to variance. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-019 - Vilsaint 2 (2) If the primary entrance of an ADU is not proposed to be shared with that of the principal dwelling, such entrance shall be less visible from the street view of the principal dwelling than the main entrance of the principal dwelling. (3) An ADU shall be designed so that, to the maximum extent practical, the appearance of the property on which it is to be located remains that of a single-family residential property. Any addition or new construction shall be consistent in design with the principal single-family dwelling, considering the following: architectural details, roof design, building spacing and orientation, door and window location, and building materials. Any person aggrieved by the determination of a Town official with respect to a determination under this subsection may appeal said determination to the Zoning Board of Appeals. (4) The ADU shall contain no more than two bedrooms. ADUs, in accordance with the definition, shall have a maximum habitable floor area that is not larger than 1/2 of the habitable floor area of the principal single-family dwelling unit (exclusive of floor area that converted to the ADU), or 900 square feet, whichever is smaller. ADUs with more than two bedrooms and/or a maximum habitable floor area greater than 900 square feet may be permitted by special permit from the Zoning Board of Appeals. Garages, unfinished attics and basements, common entries, porches and decks shall not be included in the floor area calculations. (5) Occupancy of the ADU shall not exceed two persons; occupancy limitations shall not apply to children ages 18 and under. Occupancy of an ADU by more than two persons over the age of 18 may be permitted by special permit from the Zoning Board of Appeals. (6) Once an ADU has been added to a single-family dwelling or lot, the accessory dwelling unit shall not be enlarged beyond the square footage allowed by this section. (7) All parking for the ADU shall be off street. (8) The Board of Health must have documented to the Building Commissioner that sewage disposal will be satisfactorily provided for in accordance with the provisions of Title 5 and Board of Health regulations, including provisions for an appropriate reserve area on the site. The principal dwelling unit and accessory dwelling unit shall meet all wastewater requirements for the combined number of bedrooms/wastewater flow on the lot. If the property is served by municipal sewer, the Department of Public Works shall certify adequate capacity is available to serve the additional unit. (9) The rights and requirements of this section hereby transfer upon the sale of a property containing an ADU built under the provisions of this section. (10) An ADU and the principal dwelling to which it is accessory may be rented only in accordance with the terms of this section. (11) An ADU shall be used only as a rental, except that the owner of the property may reside in the ADU while renting the principal dwelling. The rental period for an ADU and for a principal dwelling shall not be shorter than 12 consecutive months. Either the principal dwelling or ADU, but not both, may be rented at any given time. (12) Any commercial use, with the exception of permitted home occupations, shall not be allowed on a property on which there is an ADU. 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 Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-019 - Vilsaint 3 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 240-47.2(C)4 allows for the consideration of an Accessory Dwelling Unit that is greater than 900 feet. Also the Applicant is seeking a modification of 2020-038 Condition No. 2. 2. Site Plan Review is not required for single-family residential dwellings and the application proposed is accessory to a single-family residential dwelling. 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. 4. The proposed site changes would not be substantially more detrimental to the neighborhood than the existing dwelling. 5. The single-family nature of the property and of the accessory nature of the detached structure are preserved. Suggested Conditions Should the Board find to grant Special Permit No. 2023-019, it may wish to consider the following conditions: 1. Special Permit No. 2023-019 is granted to Kevin Y. Vilsaint and Corrie L. Vilsaint to remove and replace an existing accessory structure with a new accessory dwelling unit (ADU) exceeding the 900 square feet by right. The Applicants also seek to modify Special Permit No. 2020-038 to allow further build out of the property for the accessory dwelling unit and additions to the principal dwelling. The subject property is located at 358 Flint Street, Marstons Mills, MA. 2. The site development shall be constructed in substantial conformance with the Plan entitled “Site Plan of #358 Flint Street Marstons Mills, MA” By Down Cape Engineering, Inc., dated June 1, 2022. 3. The Board grants relief from 240.47.2(C)4, requiring an ADU to be no greater than 900 square feet. The ADU shall be no greater than 1,384 square feet. 4. The proposed development shall represent full build-out of the lot. Further development of the lot or construction of additional accessory structures is prohibited without prior approval from the Board. 5. Condition No. 2 of Special Permit No. 2020-038 shall be eliminated. 6. All remaining Conditions of Special Permit No. 1998-77 and 2020-038 shall remain in full force and effect. 7. All mechanical equipment associated with the dwelling (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 8. 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 Chris Kirrane) Attachments: Application Plot Plan Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-019 - Vilsaint 4 Decisions 1988-77 and 2020-38