The URL can be used to link to this page

Home My WebLink AboutZoning Appeal 02222023VaulR,TardiJ,B-sq. ptardif@tardiflaw.com LAW OFFICES OF PAUL R.TARDIF,ESQ.,P.C. 490 MAIN STREET YARMOUTH PORT,M/\02675 (508)362-7799 (508)362-7199 fax www.tardiflflw.com REFER TO FILE NO. February 22, 2023 Genna Ziino Zoning Board of Appeals Town of Bamstable 367 Main St. Hyannis,MA 02601 RE:Zoning Appeal - 14 Beale Way,Bamstable Maureen Leveroni -Appeal 2022-029 Dear Ms.Ziino: buildiwg dept. MAR 0 2 2023 town of BARWSTABLE Stac^A.Curl^,Esq. scurlcy@tardiflaw.com Enclosed please find a copy of the Board of Appeals Decision,which was recorded, for the above referenced matter on February 22, 2023 in the Bamstable County Registry of Deeds in Book 35647, Page 140.Please note that a copy of the recorded Decision has been forwarded to luilding Department for their records. I thank you for your assistance in this matter. ly Yours, cc: R.Tardif Maureen Leveroni Brian Florence,Building Department r' Town of Barnstable Zoning Board of Appeals Decision and Notice Bk 35647 Pgl40 #7068 02-22-2023 @ 08:59a Special Permit No.2022-02?-LeveronI Section 240-?l H.(3)-Nonconformlng Lot-Developed Lot Protection To allow the demolition of two structures and construction of a new dwelling Summary:Granted with Conditions Applicant:Maureen LeveronI Property Address:14 Beale Way,Barnstable,MA Assessor's Map/Parcel:279/014 Zoning:Residence F-1 (RF-1) Hearing Date:June 8,2022,July 13.2022,August 24,2022,October 12,2022, December 7, 2022,January 11,2023 Recording Inforrtiatlbn:Deed Book:33415 Page:21 Plan Book:130 Page:87 Background Maureen Leveroni applied for a Special Permit pursuant to Section 240.91 H.(3)Nonconformlng Lot and requests a finding under M.G.L Chapter 40A Section 6 regarding compliance with floor area ratio.The Applicant proposed to demolish two existing single story structures and replace the structures with one, one story structure on the same or smaller footprint.The subject property is located at 14 Beale Way,Barnstable,MA as shown onAssessor's Map 279 Parcel 014.It Is located In Residence F-1 {RF-1)Zoning District. The subject lot Is .09 acres (4,293 square feet)and developed with a two dwellings totaling 1,180 square feet of gross square feet constructed in 1960.The lot has 8.88 feet of frontage on Main Street and 203.58 on Beale Way In Barnstable Village.A variety of lot sizes appear In the area but this appears to be the smallest and most unique. The existing dwellings have front yard setbacks of 10 feet and 9.5 feet from Beal Way,a northerly setback of 5.7 feet,and an easterly setback of 2.9 feet.The existing lot coverage Is 20.6%,Floor Area Ratio (FAR)of 20.6 %,and1 story.The existing height Is 13 feet. The proposed dwellings will have front yard setbacks from Beale way 10.1 feet and 11.5 feet and the northerly side yard setback of 6.0 feet and easterly side yard setback of 3.3 feet.The proposed floor area ratio (FAR)Is 20.5%and the proposed lot coverage Is 21.3 %.The proposed height is 13 feet tothe peak butthe height tothe plate Is 8feet6 Inches. Procedural &Hearing Summary Special Permit No.2022-029,a request to demolish two existing single story structures and replace the structures with one,one story structure on the same or smaller footprint at 14 Beale Way, Barnstable,MA,was filed at the Town Clerk's office and the office of the Zoning Board of Appeals on May 9,'2022.A public hearing before the Zoning Board of Appeals was duly advertised and notice sentto all abutters and Interested parties in accordance with MGL Chapter 40A.The hearing was opened on June 8,2022 and continued to July 13,2022,August 24,2022,October 12,2022, December 7,2022 and January 11,2023 at which time the Board found to grant the Special Permit subject to conditions.Board Members deciding this appeal were:Jacob Dewey,Herbert Bodensiek, Mark Hansen,Aaron Webb and Denise Johnson. Attorney Paul TardIf represented the applicant before the Board.Also present was the applicant. Maureen Leveroni.Attorney Michael Ford was present representing the abutters,Walter and Judith Kaess Attorney tardif reviewed the lengthy history of the evolution of the proposed dwelling design. Bk35647Pgl41#7068TownofBornstobleZoning Board ofAppeals- DecisionandNoticeSpecialPermitNo. 2022-029 -LeveroniHereviewedthefinalproposed design and stated thebuildingcoveragewillbe20.6%and thesetbacks,whilenotconforming,willbeimproved.Heighttothe peak is 13feetwhichisthe same astheexistingheight.Hestated theproposeddesignisnotsubstantiallymoredetrimentalto theneighborhood.AttomeyTardifalsostatedthatheandAttorneyFordhaveworkeddiligentlywiththeirclientstoreachacompromisethatallpartieswillsupport.He statedthat,ifapproved,theconstructionwillbecompletebythesummerseason andwillnotimpacttheyachtclubactivities.TheBoarddiscussedtheneighborconcernsregardingsummerconstructionandimpacts.TheChairrequestedpubliccomment.AttorneyFordspokeandagreedwithAttorneyTardif'sassessmentoftheproposal.CouncilorGordonStarrspokeandwasinsupport.CouncilorClarkwasconcernedaboutconstructionimpactson thesummerseason. TheBoardacknowledgedwrittenpubliccommentsfromJohnFieldoftheBarnstableYachtClubdatedJune6,2022andDecember5,2022insupportbutconcernedoversafetyandconstructionimpacts,andaletterfromJoelRenninger,54BealeWay,whowasconcernedabouttheconstructionimpacts.FindingsofFactAtthehearingonJanuary11,2023.theBoardmadethefollowingfindingsoffactinSpecialPermitApplicationNo.2022-029,arequesttodemolishtwoexistingsinglestorystructuresandreplacethestructureswithone,onestorystructureonthesameorsmallerfootprintat14BealeWay,Barnstable,MA:1Theapplicationfallswithinacategoryspecificallyexceptedintheordinanceforagrantofaspecialpermit.Section240-91(H)(3)allowsforthecompletedemolitionandrebuildingofaresidenceon anonconforminglot.2. SitePlanReviewis notrequiredforsingle-familyresidentialdwellings.3Afteranevaluationofalltheevidencepresented,theproposalfulfillsthespiritandintentoftheZoningOrdinanceandwouldnotrepresentasubstantialdetrimenttothepublicgoodorthe neighborhood affected.4.Theproposedyardsetbacksmustbeequaltoorgreaterthantheyardsetbacksoftheexistingbuilding.Theproposedsideyardsetbacksaregreaterthantheexistingsetbacks.5.Theproposedlotcoverageshallnotexceed20%ortheexistingjotcoverage,whicheverisgreater.Theexistinglotcoverageis20.6%andproposedlotcoverageis21.3%.6.Thefloorarearatioshallnotexceed0.30or30%theexistingfloorarearatioofthestructurebeingdemolished,whicheverisgreater.TheexistingFARis20.6%andtheproposedFARis20.5%.7.Thebuildingheight,infeet,shallnotexceed30feettothehighestplateandshallcontainnomorethan2V%stories.Theproposedheightis8feet6inchestothetopoftheplate(13feettothepeak)andtheproposeddwellingis1story.8.Theproposednewdwellingwouldnotbesubstantiallymoredetrimentaltotheneighborhoodthantheexisting dwelling.9.TheapplicationmeetsFloorAreaRatio.The vote toacceptthefindingswas:YAY:JacobDewey,HerbertBodcnsiek,MarkHansen,AaronWebb,andDeniseJohnsonNAY:NoneBasedonthefindingsoffact,amotionwasdulymadeandsecondedtograntSpecialPermitNo.2022-046subjecttothefollowingconditions: Town of Barnstable Zoning Board of Appeals -Decision and Notice Special Permit No.2022-029 -Leveroni Bk 35647 Pgl42 #7068 1.Special Permit No.2022-029 is granted to Maureen Leveroni,pursuant to Section 240.91 (H)(3)Nonconforming Lot and requests a finding under M.G.L.Chapter 40A Section 6 regarding compliance with floor area ratio, to demolish two existing single story structures and replace the structures with one,one story structure on the same or smaller footprint at 14 Beale Way,Barnstable,MA. 2.The site development shall be constructed in conformance with the plan entitled "Certified Plot Plan" by Samiotes Consultants,Inc.dated December 19,2022 and the plans entitled " Leveroni Residence 14 Beale Way,Barnstable,Ma"Sheet A101 by Sandbox Design, Studio,LLC,with a last revision date of December 16,2022.There shall be no more than two (2)bedrooms as shown on the floor plan. 3.The total lot coverage of all structures on the lot shall not exceed 21.3%(which includes the bulkhead),and the floor-area ratio shall not exceed 20.5%. 4.The proposed redevelopment shall represent full build-out of the lot.Further alteration, expansion or increase in the number of bedrooms of the dwelling or construction of additional accessory structures is prohibited without prior approval from the Board,after a public hearing prior written notice of which has been provided to abutters. 5.All mechanical equipment associated with the dwelling (air conditioners,electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 6.The decision shall be recorded at the Barnstable County Registry of Deeds/Land Court and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to issuance of the building permit.The rights authorized by this special permit must be exercised within two years,unless extended. The vote was; YAY:Jacob Dewey,Herbert Bodensiek,Mark Hansen,Aaron Webb and Denise Johnson NAY:None Ordered Special Permit No.2022-029,a request to demolish two existing single story structures and replace the structures with one,one story structure on the same or smaller footprint at 14 Beale Way, Barnstable,MA has been granted with conditions.This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office.The relief authorized by this decision must be exercised within two years unless extended.Appeals of this decision,if any,shall be made pursuant to MGL Chapter 40A.Section 17, within twenty (20)days after the date of the filing of this decision,a copy of which must be filed in this office of the Barnstable Town Clerk. ^cob Dewey, Chair Date Signed I,Ann Quirk. Clerk of the Town of Bamstable,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 ^under the pains and penalties of perjury.