HomeMy WebLinkAboutSR-2023-028 132 Bay Shore Rd LLC 132 Bay Shore Road HY Mod of SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2023-028 – 132 Bay Shore Road LLC
Modification of Special Permit No. 2002-095
To modify Special Permit No. 2002-095 to allow the alteration and expansion of the second floor
living area within the original footprint with a covered stoop
Date: October 3, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: 132 Bay Shore Road LLC
Property Address: 132 Bay Shore Road, Hyannis, MA
Assessor's Map/Parcel: 325/080
Zoning: Residence B (RB)
Filed: September 8, 2023 Hearing: October 11, 2023 Decision Due: December 17, 2023
Copy of Public Notice
132 Bay Shore Road, LLC has applied to modify Special Permit No. 2002-095 to allow the Applicant
to alter and expand the second floor living area. There will be no increase in footprint other than the
extension of a covered stoop at the front entrance to the dwelling. The existing floor area is 2,125
square feet (plus 765 square feet of unfinished space) and the proposed floor area is 3,401 square
feet. The subject property is located at 132 Bay Shore Road, Hyannis, MA as shown on Assessor’s
Map 325 as Parcel 080. It is located in the Residence B (RB) Zoning District.
Background
The subject property consists of .22 acres and is located on Bay Shore Road overlooking Lewis Bay
in Hyannis. The area is single family residential with small lots. According to the Assessors
records, the lot is currently developed with one 3-bedroom single family dwelling containing 2,313
square feet of living area (3,900 gross square feet) constructed in 2002.
In July, 2002, the Board granted Special Permit No. 2002-095 to demolish and rebuild a single
family dwelling at 132 Bay Shore Road, Hyannis subject to the following conditions:
1. Location of the dwelling shall be as shown on a plan entitled ”Site Plan of Land in Hyannis,
Massachusetts depicting the Mariscal Residence, dated March 04, 2002, last revised date of
04-09-02, prepared by Stephen J. Doyle and Associates.
2. The dwelling shall be built substantially in conformance to plans presented to the Board that
are not titled but are dated 5/2/02 and drawn by Devlin Custom Designs and scaled ¼”=1’.
The building shall not be higher than 18 feet to plate nor 24 feet to ridge of the roof.
3. The dwelling shall be connected to public water and Town sewer.
4. The total area of the dwelling shall not exceed 2,092 sq.ft. and shall not exceed 3-bedrooms.
5. This reconstruction shall comply with Health, Building and Conservation Divisions regulations
without variance and to any Order of Conditions issued by the Conservation Commission.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2023-028 – 132 Bay Shore Road LLC
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6. This reconstruction shall be considered full build-out of the lot and there shall be no
expansion in area or in footprint without further permission from this Board, and there shall
be no accessory building added to this property.
Proposal & Relief Requested
132 Bay Shore Road, LLC has applied to modify Special Permit No. 2002-095 to allow the Applicant
to alter and expand the second floor living area. There will be no increase in footprint other than the
extension of a covered stoop at the front entrance to the dwelling. The existing floor area is 2,125
square feet (plus 765 square feet of unfinished space) and the proposed floor area is 3,401 square
feet. The subject property is located at 132 Bay Shore Road, Hyannis, MA as shown on Assessor’s
Map 325 as Parcel 080. It is located in the Residence B (RB) 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. A site plan has been reviewed and found approvable in accordance with Article IX herein
subject only to the issuance of a special permit.
4. 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 2023-028, the modification of Special Permit No.
2002-095 it may wish to consider the following conditions:
1. Special Permit No. 2023-028 is granted to 132 Bay Shore Road, LLC to modify Special
Permit No. 2002-095 to allow the Applicant to alter and expand the second floor living area.
There will be no increase in footprint other than the extension of a covered stoop at the front
entrance to the dwelling. The existing floor area is 2,125 square feet (plus 765 square feet
of unfinished space) and the proposed floor area is 3,401 square feet. The subject property
is located at 132 Bay Shore Road, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan Proposed Improvements at 132 Bay Shore Road Barnstable (Hyannis) Mass” by
Sullvan Engineering & Consulting, Inc dated August 25, 2023 with the last revision date of
September 7, 2023.
3. 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.
4. All mechanical equipment associated with the dwelling (air conditioners, electric generators,
etc.) shall be screened from neighboring homes and the public right-of-way.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2023-028 – 132 Bay Shore Road LLC
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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 Marian S. Rose)
Attachments: Application
Plans
Special Permit No.2002-095