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HomeMy WebLinkAboutSR-2023-040 Swartwood 256 Parker Rd OST NC SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2023-040 – Swartwood Section 240-92 B. – Nonconforming Building or Structures used as single or two-family residences To allow the construction of a garage attached to the existing dwelling located 15.8 feet from the front yard setback where 20 feet is required Date: November 14, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Alexander B. and Cynthia Swartwood Property Address: 256 Parker Road, Osterville, MA Assessor's Map/Parcel: 116/067 Zoning: Residence C (RC) Filed: October 17, 2023 Hearing: December 6, 2023 Decision Due: January 25, 2024 Copy of Public Notice Alexander and Cynthia Swartwood have applied for a Special Permit pursuant to Section 240-92 B. Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The Applicants propose to construct a garage attached to the existing dwelling. The proposed garage will be located 15.8 feet from the front yard setback where 20 feet is required but will be in line with the façade of the existing dwelling. The subject property is located at 256 Parker Road, Osterville, MA as shown on Assessor’s Map 116 as Parcel 067. It is located in the Residence C (RC) Zoning District. Background Alexander and Cynthia Swartwood have applied for a Special Permit pursuant to Section 240-92 B. Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The Applicants propose to construct a garage attached to the existing dwelling. The proposed garage will be located 15.8 feet from the front yard setback where 20 feet is required but will be in line with the façade of the existing dwelling. The subject property is located at 256 Parker Road, Osterville, MA. The subject lot is 0.28 acres and developed with two dwellings: dwelling no. 1 is 1,838 square feet of living area (2,768 gross square feet) 4-bedrooms constructed in 1950. Dwelling no. 2 is 440 square feet of living area (440 gross) 2-bedrooms constructed in 1950. The lot has frontage on Parker Road and Second Ave in Osterville. 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 Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-040 - Swartwood 2 (2) The proposed alteration or expansion conforms to the current height limitations of this chapter. 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 Alexander and Cynthia Swartwood have applied for a Special Permit pursuant to Section 240-92 B. Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The Applicants propose to construct a garage attached to the existing dwelling. The proposed garage will be located 15.8 feet from the front yard setback where 20 feet is required but will be in line with the façade of the existing dwelling. The subject property is located at 256 Parker Road, Osterville, MA as shown on Assessor’s Map 116 as Parcel 067. It is located in the Residence C (RC) 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. 2023-040, it may wish to consider the following conditions: 1. Special Permit No. 2023-040, pursuant to Section 240-92 B. Nonconforming buildings or structures used as single and two family residences, is granted to Alexander and Cynthia Swartwood to construct a garage attached to the existing dwelling located 15.8 feet from the front yard setback where 20 feet is required but will be in line with the façade of the existing dwelling at 256 Parker Road, Osterville, MA 2. The site development shall be constructed in substantial conformance with the plan entitled “Plan showing proposed garage at 256 Parker Road Barnstable (Osterville) Mass” by CapeSurv dated October 12, 2023. 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-040 - Swartwood 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/Land Court and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the 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