HomeMy WebLinkAboutAP-2023-048 Summary of Reasoning1
Law Office of Singer & Singer, LLC
26 Upper County Road
P. O. Box 67
Dennisport, Massachusetts 02639
Andrew L. Singer Tel: (508) 398-2221
Marian S. Rose Fax: (508) 398-1568
_________ www.singer-law.com
Myer R. Singer (1938-2020)
Barnstable Board of Appeals 200 Indian Hill Road, Centerville
Case No.2023-048 Submitted 2.2.2024
SUMMARY OF REASONING
Barbara and Michael Girardi [the “Applicants”] are the owners of the property located at
200 Indian Hill Road, Centerville [ the “Property”]. The Applicants seek a special permit under
Barnstable Zoning Ordinance Section 240-92-B to add three modest additions to a dwelling
which is pre-existing nonconforming as to side setbacks, each addition being no closer to
nonconforming side setbacks than the existing dwelling. The additions are 1) a connected garage
on the northern side of the dwelling, 2) an addition on the south-east (side/rear) corner of the
dwelling, and 3) the partial enclosure of an existing deck and expansion of the remaining deck on
the rear (eastern) portion of the existing dwelling.
The property is located in the R-F-1 zoning district and is undersized (15,240 s.f. existing
where 43,560 s.f. is required). Lot width is nonconforming (+/- 105 ft. where 125 ft. is required).
The existing dwelling is nonconforming as to side setbacks but is conforming as to front and rear
setbacks. The existing dwelling is conforming as to lot coverage (15.2% existing where 20%
allowed). Proposed lot coverage will be 22.6% (3,441 s.f.) The existing gross floor area is 1,957
s.f. As proposed, the floor area will be 2,746 s.f.
2
In order to complete the redevelopment, the Applicant is seeking a Special Permit from
the Board of Appeals in accordance with Section 240-92-B of the Zoning Ordinance of the Town
of Barnstable [“Zoning Ordinance”]. The Board is authorized to grant such a special permit after
making a finding that the proposed alteration or expansion will not be substantially more
detrimental to the neighborhood than the existing dwelling.
The Applicant respectfully submits that the proposal is not substantially more
detrimental to the neighborhood for the following reasons:
1. There will be no change in the permitted, single-family residential use of the Property;
2. The pre-existing nonconforming side setbacks of the dwelling will remain the same (10.2’
(north side); 9.9’ (south side) existing and proposed and all other setbacks will remain
conforming;
3. Building height will remain unchanged and conforming;
4. The number of bedrooms (3) will remain the same;
5. The proposal will be in keeping with and compatible with the character of the neighborhood;
6. There will be no change in or negative impact to existing traffic flow;
7. Utilities serve the site and will not change;
8. No negative change is anticipated in artificial light, noise, litter, and odor; and
The proposal will not create any nuisance, hazard or congestion or any harm to the neighborhood
For the above reasons, the Applicant respectfully requests that the Board make findings that the
proposal satisfies the provisions of the Zoning Ordinance and grant a Special Permit to allow the
proposal to be completed as shown on the plans.