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HomeMy WebLinkAboutSR-2023-038 Munsell 3075 Main St BARN Mod of SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2023-038 – Munsell Modification of Special Permit No. 2022-043 To modify Special Permit No. 2022-043 to allow the demolition of the structure Date: November 9, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: David P. and Diane M. Munsell Property Address: 3075 Main St, Barnstable, MA Assessor's Map/Parcel: 279/041 Zoning: Residence F-2 (RF-2) Filed: October 5, 2023 Hearing: December 6, 2023 Decision Due: December 13, 2023 Copy of Public Notice David and Diane Munsell have applied to modify Special Permit No. 2022-043 to allow the demolition of the existing structure due to lack of structural integrity. The Applicants seek to then construct the same house that was previously approved in Special Permit No. 2022-043 with minor changes proposed. The subject property is located at 3075 Main Street, Barnstable, MA as on Assessor’s Map 279 as Parcel 041. It is located in the Residence F-2 (RF-2) Zoning District. Background The subject property addressed as 3075 Main Street is a .33 acre lot and contained an accessory 450 square foot structure (Carriage house) and 80 square foot shed, with frontage on Main St/Route 6A in Barnstable Village. The structures have since been demolished. The property has an odd jog in the rear. The area is residential in nature with a variety of shaped lots. In September, 2022, the Board granted Special Permit No. 2022-043 to alter/expand the existing structure and convert to a single family dwelling subject to the following conditions: 1. Special Permit No. 2022-043 pursuant to Section 240-93 B. Nonconforming Buildings or Structures not used as Single and Two-Family Residences by Special Permit, is granted to David P. and Diane M. Munsell to alter/expand the existing structure, a 450 square foot carriage house/barn and 80 square foot shed where 10 feet is proposed and 15 feet is required and to convert the same to a 2,723 square foot single family dwelling and 80 square foot shed at 3075 Main Street, Barnstable, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Plan of Land of #3075 & #3077 Route 6A Barnstable, MA” by Down Cape Engineering dated October 9, 2019. 3. The above-described development shall represent full build-out of the lot. No further additions or accessory structures shall be permitted without approval from the Board. 4. 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-038 – Munsell 2 On or about August 29, 2023, the Applicants received a Cease and Desist Order from the Town Building Department. The stated reason was that the Applicants should have obtained a Demolition Certificate from the Old Kings Highway Historic District. The Applicants had received a Cert ificate of Appropriateness from OKH, but because it was anticipated that at least one existing wall would be maintained, they had not applied for a Demolition Certificate. On September 5, 2023, the Applicants applied for a Certificate of Demolition and was approved. The Building Commissioner indicated that the Applicants needed to apply to the Zoning Board of Appeals for a Modification of Special Permit No. 2022-043. Proposal & Relief Requested David and Diane Munsell have applied to modify Special Permit No. 2022-043 to allow the demolition of the existing structure due to lack of structural integrity. The Applicants seek to then construct the same house that was previously approved in Special Permit No. 2022-043 with minor changes proposed. The subject property is located at 3075 Main Street, Barnstable, MA as on Assessor’s Map 279 as Parcel 041. It is located in the Residence F-2 (RF-2) Zoning District. The Application is being heard with Variance No. 2023-037. 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 2023-038, the modification of Special Permit No. 2022-043 it may wish to consider the following conditions: 1. Special Permit No. 2023-038 is granted to David and Diane Munsell have applied to modify Special Permit No. 2022-043 to allow the demolition of the existing structure due to lack of structural integrity. The Applicants seek to then construct the same house that was previously approved in Special Permit No. 2022-043 with minor changes proposed. The subject property is located at 3075 Main Street, Barnstable, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Foundation Plan” by Down Cape Engineering dated February 21, 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-038 – Munsell 3 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 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 Peter Freeman) Attachments: Application Plans Special Permit No.2022-043