HomeMy WebLinkAboutSR-2023-025 Ventura 64 Commerce Rd BARN Mod of SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2023-025 – Ventura
Modification of Special Permit No. 2014-017 Condition No. 3
To amend Condition No. 3 to allow for additional build out of the lot
Date: October 3, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Richard S. Ventura and Catherine F. Ventura, Trustees of Ventura
Family Trust
Property Address: 64 Commerce Road, Barnstable, MA
Assessor's Map/Parcel: 301/051
Zoning: Residence B (RB) and Residence F-1 (RF-1))
Filed: August 28, 2023 Hearing: October 11, 2023 Decision Due: December 6, 2023
Copy of Public Notice
Richard and Catherine Ventura, Trustees of the Ventura Family Trust, have applied to modify
Special Permit No. 2014-017 to allow for site alterations. The Applicant proposes to construct a 22
by 22 foot attached garage, relocate the gravel driveway, and remove plantings as needed. The
proposed maximum lot coverage ratio would be 24.1% and the proposed gross floor area ratio
would be 25%. The subject property is located at 64 Commerce Road, Barnstable, MA as shown on
Assessor’s Map 301 as Parcel 051. It is located in the Residence B (RB) and the Residence F-1
(RF-1) Zoning District.
Background
The subject property consists of .21 acres and is located on the corner of Commerce Road and
Second Way in Barnstable. The area is single family residential with small lots near Barnstable
Harbor. According to the Assessors records, the lot is currently developed with one 4-bedroom
single family dwelling containing 2,016 square feet of living area (2,484 gross square feet)
constructed in 2014.
In April 2014, the Board granted Special Permit No. 2014-017 to demolish and rebuild a single
family dwelling at 64 Commerce Road, Barnstable subject to the following conditions:
1. Special Permit No. 2014-017 is granted to Richard and Catherine Ventura for the demolition of
an existing dwelling and rebuilding of a 2,434 square foot dwelling at 64 Commerce Road,
Barnstable.
2. The dwelling shall be constructed in substantial conformance with the plan entitled “Certified Plot
Plan – 64 Commerce Road” dated January 27, 2014, drawn and stamped by Shane Brenner of
Baxter Nye Engineering & Surveying; and the elevations dated 1/16/2014 and 1/23/2014, all
entitled “Ventura Residence”, drawn by Cotuit Bay Design, LLC, four sheets.
3. The total lot coverage shall not exceed 18% and the floor-area ratio shall not exceed 27%. The
building height to the plate shall not exceed 24 feet.
4. The proposed redevelopment 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.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2023-025 – Ventura
2
5. Prior to issuance of a certificate of occupancy, a certified as-built plan prepared by an
independent party shall be submitted to the Building Commissioner to confirm that the lot
coverage and floor area ratio of the dwelling conforms to the ordinance and the conditions of this
decision.
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 issuance building permit. The rights authorized by this special permit must be
exercised within two years, unless extended.
With this application, the Applicant seeks to modify Condition No. 3 to allow for additional build out
of the lot.
Proposal & Relief Requested
Richard and Catherine Ventura, Trustees of the Ventura Family Trust, have applied to modify
Special Permit No. 2014-017 to allow for site alterations. The Applicant proposes to construct a 22
by 22 foot attached garage, relocate the gravel driveway, and remove plantings as needed. The
proposed maximum lot coverage ratio would be 24.1% and the proposed gross floor area ratio
would be 25%. The subject property is located at 64 Commerce Road, Barnstable, MA as shown on
Assessor’s Map 301 as Parcel 051. It is located in the Residence B (RB) and the Residence F-1
(RF-1) Zoning District.
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:
1. Whether or not the application falls within the category specifically excepted by this chapter.
2. 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.
3. 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.
Suggested Conditions
Should the Board find to grant Special Permit 2023-025, the modification of Special Permit No.
2014-017, it may wish to consider the following conditions:
1. Special Permit No. 2023-025 is granted to Richard and Catherine Ventura, Trustees of the
Ventura Family Trust, have applied to modify Special Permit No. 2014-017 to allow for site
alterations. The Applicant proposes to construct a 22 by 22 foot attached garage, relocate
the gravel driveway, and remove plantings as needed. The proposed maximum lot coverage
ratio would be 24.1% and the proposed gross floor area ratio would be 25%. The subject
property is located at 64 Commerce Road, Barnstable, MA.
2. Special Permit No. 2014-017 Condition No. 3 has been modified to allow for additional build
out of the lot.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2023-025 – Ventura
3
3. The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Garage Addition Plan” Sheet C2.0 by Baxter Nye Engineering & Surveying dated
May 11, 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. 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 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 John Kenney)
Attachments: Application
Plans
Special Permit No.2014-017