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Home My WebLink AboutSR-2023-046 Prizzi 354 Wheeler Rd MM ADU SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2023-046 – Prizzi Section 240-47.2 C. (4) – Accessory Dwelling Unit (ADU) To create a detached accessory dwelling unit that exceeds the allowable size by 69 square feet Date: January 25, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Maryellen and Anthony Prizzi Property Address: 354 Wheeler Rd , MA Assessor's Map/Parcel: 082/016 Zoning: Residence F (RF) Zoning District Filed: December 18, 2023 Hearing: February 7, 2024 Decision Due: March 27, 2024 Copy of Public Notice Maryellen and Anthony Prizzi have applied for a Special Permit in accordance with Section 240-47.2 C. (4) Accessory Dwelling Units. The Applicants seek to construct a 969 sq. ft. 1-bedroom Accessory Dwelling Unit (ADU), which exceeds the allowable size by 69 square feet. The subject property is located at 354 Wheeler Road, Marstons Mills, MA as shown on Assessors Map 082 as Parcel 016. The property is located in the Residence F (RF) Zoning District. Background The subject property consists of a 2.9 acre lot with frontage along Wheeler Road overlooking Middle Pond, Marstons Mills. According to the Assessors records, there is a 4-bedroom single family dwelling consisting of 1,946 square feet of living area (8,270 gross) constructed in 1968. The area consists of similarly shaped lots on a peninsula containing residential dwellings. Proposal & Relief Requested The Applicant is proposing to construct a 969 sq. ft. 1-bedroom Accessory Dwelling Unit (ADU), which exceeds the allowable size by 69 square feet; therefore a Special Permit is required pursuant to Section 240-47.2 C. (4). Section 240-47.2 C. reads as follows: C. Use and dimensional requirements. The Building Commissioner may issue a building permit authorizing the installation and use of an accessory dwelling unit within a lawful existing or new single-family dwelling to which the ADU is accessory, or in a new or existing detached building accessory to and on the same lot as the principal dwelling subject to the following: (1) No more than one ADU may be created per lot. This provision is not subject to variance. (2) If the primary entrance of an ADU is not proposed to be shared with that of the principal dwelling, such entrance shall be less visible from the street view of the principal dwelling than the main entrance of the principal dwelling. (3) An ADU shall be designed so that, to the maximum extent practical, the appearance of the property on which it is to be located remains that of a single-family residential property. Any addition or new construction shall be consistent in design with the principal single-family Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-046- Prizzi 2 dwelling, considering the following: architectural details, roof design, building spacing and orientation, door and window location, and building materials. Any person aggrieved by the determination of a Town official with respect to a determination under this subsection may appeal said determination to the Zoning Board of Appeals. (4) The ADU shall contain no more than two bedrooms. ADUs, in accordance with the definition, shall have a maximum habitable floor area that is not larger than 1/2 of the habitable floor area of the principal single-family dwelling unit (exclusive of floor area that converted to the ADU), or 900 square feet, whichever is smaller. ADUs with more than two bedrooms and/or a maximum habitable floor area greater than 900 square feet may be permitted by special permit from the Zoning Board of Appeals. Garages, unfinished attics and basements, common entries, porches and decks shall not be included in the floor area calculations. (5) Occupancy of the ADU shall not exceed two persons; occupancy limitations shall not apply to children ages 18 and under. Occupancy of an ADU by more than two persons over the age of 18 may be permitted by special permit from the Zoning Board of Appeals. (6) Once an ADU has been added to a single-family dwelling or lot, the accessory dwelling unit shall not be enlarged beyond the square footage allowed by this section. (7) All parking for the ADU shall be off street. (8) The Board of Health must have documented to the Building Commissioner that sewage disposal will be satisfactorily provided for in accordance with the provisions of Title 5 and Board of Health regulations, including provisions for an appropriate reserve area on the site. The principal dwelling unit and accessory dwelling unit shall meet all wastewater requirements for the combined number of bedrooms/wastewater flow on the lot. If the property is served by municipal sewer, the Department of Public Works shall certify adequate capacity is available to serve the additional unit. (9) The rights and requirements of this section hereby transfer upon the sale of a property containing an ADU built under the provisions of this section. (10) An ADU and the principal dwelling to which it is accessory may be rented only in accordance with the terms of this section. (11) An ADU shall be used only as a rental, except that the owner of the property may reside in the ADU while renting the principal dwelling. The rental period for an ADU and for a principal dwelling shall not be shorter than 12 consecutive months. Either the principal dwelling or ADU, but not both, may be rented at any given time. (12) Any commercial use, with the exception of permitted home occupations, shall not be allowed on a property on which there is an ADU. 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 240-47.2. C. (4) allows a Special Permit for an Accessory Dwelling unit that exceeds the allowable size. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-046- Prizzi 3 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. Suggested Conditions Should the Board find to grant Special Permit No. 2023-046, it may wish to consider the following conditions: 1. Special Permit No. 2023-046 is granted to Maryellen and Anthony Prizzi for a Special Permit in accordance with Section 240-47.2 C. (4) Accessory Dwelling Units to construct a 969 sq. ft. 1- bedroom Accessory Dwelling Unit (ADU), which exceeds the allowable size by 69 square feet at 354 Wheeler Road, Marstons Mills, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “subsurface sewage disposal system Site Plan and Profile” by AJM Site Design, LLC November 12, 2023. 3. The proposed use shall represent full build-out of the lot. Further development of the lot or construction of additional accessory structures is prohibited without prior approval from the Board. 4. The Applicant must comply with the restrictions in Section 240-47.2 C. Accessory Dwelling Units Procedural Requirements 1-3 of the Ordinance as follows: . (1) An ADU that conforms to the requirements contained herein shall be permitted as an accessory use to a lawful single-family dwelling use, except that no ADU shall be permitted on a lot at the same time either an affordable accessory apartment exists on that lot pursuant to Chapter 9, Article II, §§ 9-12 through 9-16, of the General Ordinances of the Code of the Town of Barnstable or as a family apartment exists on that lot pursuant to § 240-47.1. (2) Prior to issuance of a building permit for an ADU, site plans, floor plans and elevations shall be submitted showing the proposed interior and exterior changes to existing buildings or new buildings and improvements on a lot associated with a proposed ADU. (3) The construction of any accessory dwelling unit must be in conformity with the federal, state, and local laws and regulations, including all historic, and Old King's Highway requirements if applicable. 5. All mechanical equipment associated with the dwelling (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 6. 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 Dean Stanley) Attachments: Application Plot Plan