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HomeMy WebLinkAboutSummary of Reasoning 132 Bay Shore Road, Hyannis1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 _________ www.singer-law.com Myer R. Singer (1938-2020) Barnstable Board of Appeals 132 Bay Shore Road, Hyannis Case No. 2023-028 Submitted 10.6.2023 SUMMARY OF REASONING Request to Modify Special Permit No. 2002-095 Stacey L. Ovanes and Matthew T. Ovanes, as Managers of 132 Bay Shore Road, LLC [the “Applicants”] are the owners of the property located at 132 Bay Shore Road, Hyannis [“Property”]. The Applicant seeks a special permit under Barnstable Zoning Ordinance Section 240-125 (c)(2)(b) to amend an earlier Zoning Board of Appeals decision (Appeal 2002-95, recorded as Document No. 803147 in 2002 in the Barnstable Land Court Registry) to alter the existing waterfront single-family dwelling, by altering the second floor and roof line. The proposed work will not alter the dwelling’s footprint other than the front stoop as discussed below. The work will increase the gross floor area of the second floor. The property is located in the R-B zoning district and is undersized (10,117 s.f. existing where 43,560 s.f. required). Lot width is nonconforming (+/- 79 ft. where 100 ft. is required). The existing dwelling conforms to all setbacks and is located outside of the 50-foot buffer required by the Barnstable Zoning Ordinance to Lewis Bay. The existing dwelling is conforming as to lot coverage (18.4% existing where 20% allowed) and will remain conforming as proposed. The footprint of the structure will increase by 23 square feet as a result of the 2 expansion of the front stoop with a partial covering but will remain conforming as to the front setback. The existing floor area is 2,125 s.f. (plus 765 s.f. of unfinished space). As proposed, the floor area will be 3,401 s.f. In order to complete the redevelopment, the Applicant is seeking a Special Permit from the Board of Appeals in accordance with Sections 240-125(c) (2) (b) of the Zoning Ordinance of the Town of Barnstable [“Zoning Ordinance”]. The Board is authorized to grant such a special permit upon first making findings that (1) the application falls within a category specifically excepted from the ordinance for the grant of a special permit; (2) the proposal fulfills the spirit and intent of the Zoning Ordinance and would not be a substantial detriment to the public good or neighborhood affected; and (3) that the site plan has been reviewed and found to be approvable in accordance with Article IX subject only to the issuance of a special permit. . The Applicant respectfully submits that the proposal meets all of the stated criteria for the requested relief as shown below: 1. The application falls within a category for which special permit are allowed. The prior work approved in Appeal No. 2002-95, was approved by special permit. That decision specifically provided that any expansion of footprint or area would require permission of this Board. Here, the lot and structure are lawful, pre-existing and nonconforming and will be no more nonconforming in terms of footprint as proposed but an increase in gross floor area. 2. The proposed alteration and expansion are not substantially more detrimental to the environment, community and/or historic character of the neighborhood. Here, the proposed work is entirely within the footprint of the existing structure and involves the expansion of living space on the existing second floor. No negative environmental impact is anticipated and the work as proposed has been approved 3 administratively by the Conservation agent. There is no increase in the number of bedrooms proposed (three existing, three proposed). The height of the proposed structure will remain conforming. (24’existing, 29.2’ proposed). The proposed structure will be in keeping with other recently renovated homes in the area. (See photographs attached structures attached to Architect’s submission as M-1). One of the abutting neighbors has written to the Town Planner in support of the project and the Applicant is unaware of any other neighborhood concerns. For these reasons and those below, the proposal is not detrimental to the environment, community and/or historic character of the neighborhood. 3. With regard to the AP overlay regulations, the single-family residential use existing and proposed is allowed in the overlay district and the proposed work conforms with all requirements of the overlay district. 4. The site plan has been reviewed by Town Staff and has been found to be approvable in accordance with Article IX subject only to the issuance of a special permit. For the above reasons, the Applicant respectfully requests that the Board make findings that the proposal satisfies the provisions of the Zoning Ordinance and grant the request to amend Special Permit Decision no. 2002-005 to allow the proposal to be completed as shown on the plans.