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HomeMy WebLinkAboutSR-2023-048 Girardi 200 Indian Hill Rd BARN NC SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2023-048 – Girardi Section 240-92 B. Nonconforming Building or Structures used as single or two-family residences To alter and expand a preexisting nonconforming structure by constructing an attached garage, expand and enclose a deck, and construct an addition Date: January 25, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Michael and Barbara Girardi Property Address: 200 Indian Hill Road, Barnstable, MA Assessor's Map/Parcel: 336/060 Zoning: Residence F-1 (RF-1) Filed: December 20, 2023 Hearing: February 7, 2024 Decision Due: March 29, 2024 Copy of Public Notice Michael and Barbara Girardi have applied for a Special Permit in accordance with Section 240-92B Nonconforming Buildings or Structures Used as Single-Family Residences. The Applicants seek to alter and expand a preexisting nonconforming structure by constructing an attached garage, partially enclose and expand an existing rear-facing deck, and to construct an addition. The subject property is located at 200 Indian Hill Road, Barnstable, MA as shown on Assessor’s Map 336 as Parcel 060. The property is located in the Residence F-1 (RF-1) Zoning District. Background Michael and Barbara Girardi have applied for a Special Permit in accordance with Section 240-92B Nonconforming Buildings or Structures Used as Single-Family Residences. The Applicants seek to alter and expand a preexisting nonconforming structure by constructing an attached garage, partially enclose and expand an existing rear-facing deck, and to construct an addition. The subject property is located at 200 Indian Hill Road, Barnstable, MA. The subject lot is 0.34 acres and developed with a 3-bedroom one single family dwelling consisting of 1,556 square feet of living area (3,886 gross) constructed in 1968. The lot has frontage on Indian Hill Road in Barnstable Village. 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. 2023-048 - Girardi 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 Michael and Barbara Girardi have applied for a Special Permit in accordance with Section 240-92B Nonconforming Buildings or Structures Used as Single-Family Residences. The Applicants seek to alter and expand a preexisting nonconforming structure by constructing an attached garage, partially enclose and expand an existing rear-facing deck, and to construct an addition. The subject property is located at 200 Indian Hill Road, Barnstable, MA as shown on Assessor’s Map 336 as Parcel 060. The property is located in the Residence F-1 (RF-1) 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. 2023-048, it may wish to consider the following conditions: 1. Special Permit No. 2023-048, pursuant to Section 240-92B Nonconforming Buildings or Structures Used as Single-Family Residences, is granted to Michael and Barbara Girardi to alter and expand a preexisting nonconforming structure by constructing an attached garage, partially enclose and expand an existing rear-facing deck, and to construct an addition at 200 Indian Hill Road, Barnstable, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan of #200 Indian Hill Road Barnstable MA” by Down Cape Engineering Inc dated December 7, 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. 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. 2023-048 - Girardi 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 M. Rose) Attachments: Application