HomeMy WebLinkAboutSR-2023-030 Van Oossanen 45 Vineyard Rd COT NC SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2023-030 – Van Oossanen
Section 240-92 B. – Nonconforming Building or Structures used as single or two-family
residences
To allow the construction of an addition
Date: October 12, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Dennis Van Oossanen and Lisa Van Oossanen
Property Address: 45 Vineyard Road, Cotuit, MA
Assessor's Map/Parcel: 016/001
Zoning: Residence F (RF)
Filed: September 14, 2023 Hearing: October 25, 2023 Decision Due: December 23, 2023
Copy of Public Notice
Dennis and Lisa Van Oossanen have applied for a Special Permit pursuant to Section 240-92B
Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The
Applicants seek to construct an addition, bringing the gross floor area to 4,259 sq. ft. where the
existing gross floor area is 2,246 sq. ft. The subject property is located at 45 Vineyard Road, Cotuit,
MA as shown on Assessor’s Map 016 as Parcel 001. It is located in the Residence F (RF) Zoning
District.
Background
Dennis and Lisa Van Oossanen have applied for a Special Permit pursuant to Section 240-92B
Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The
Applicants seek to construct an addition, bringing the gross floor area to 4,259 sq. ft. where the
existing gross floor area is 2,246 sq. ft. The subject property is located at 45 Vineyard Road, Cotuit,
MA
The subject lot is 1.51 acres and developed with one 3-bedroom single family dwelling of 1,639
square feet of living area (4,176 gross square feet) constructed in 1971. The area is residential with
a variety of lot sizes.
§ 240-92 Nonconforming buildings or structures used as single- and two-family residences.
A preexisting nonconforming building or structure that is used as a single - or two-family residence
may be physically altered or expanded only as follows:
A. As of right. If the Building Commissioner finds that:
(1) The proposed physical alteration or expansion does not in any way encroach into the
setbacks in effect at the time of construction, provided that encroachments into a ten-foot
rear or side yard setback and twenty-foot front yard setback shall be deemed to create an
intensification requiring a special permit under Subsection B below; and
(2) The proposed alteration or expansion conforms to the current height limitations of this
chapter.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2023-030- Van Oossanen
2
B. By special permit. If the proposed alteration or expansion cannot satisfy the criteria established
in Subsection A above, the Zoning Board of Appeals may allow the expansion by special permit,
provided that the proposed alteration or expansion will not be substantially more detrimental to the
neighborhood than the existing building or structure.
Proposal & Relief Requested
Dennis and Lisa Van Oossanen have applied for a Special Permit pursuant to Section 240-92B
Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The
Applicants seek to construct an addition, bringing the gross floor area to 4,259 sq. ft. where the
existing gross floor area is 2,246 sq. ft. The subject property is located at 45 Vineyard Road, Cotuit,
MA as shown on Assessor’s Map 016 as Parcel 001. It is located in the Residence F (RF) 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.
1. The application falls within a category specifically excepted in the ordinance for a
grant of a special permit. Section 240-92 B. allows for the alteration of a
nonconforming dwelling on a nonconforming lot.
2. Site Plan Review is not required for single-family residential dwellings.
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 alteration would not be substantially more detrimental to the
neighborhood than the existing dwelling
Suggested Conditions
Should the Board find to grant Special Permit No. 2023-030, it may wish to consider the following
conditions:
1. Special Permit No. 2023-030 is granted to Dennis and Lisa Van Oossanen pursuant to Section
240-92B Nonconforming Buildings or Structures Used as Single- and Two-Family Residences to
allow the applicants to construct an addition, bringing the gross floor area to 4,259 sq. ft. where
the existing gross floor area is 2,246 sq. ft. The subject property is located at 45 Vineyard Road,
Cotuit, MA
2. The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Septic Plan 45 Vineyard Road Cotuit MA” by All Cape Septic LLC dated September
8, 2022.
3. 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.
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.
5. 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
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2023-030- Van Oossanen
3
Building Division prior to issuance of the building permit. The rights authorized by this special
permit must be exercised within two years, unless extended.
Copies: Applicants (c/o Attorney Michael Schulz)
Attachments: Application