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Home My WebLink AboutSR-2024-011 773 South Main St LLC 773 South Main St CENT Mod of SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2024-011 – 773 South Main St LLC Modification of Special Permit No. 2019-005 To modify Special Permit No. 2019-005 Condition No. 4 to allow an additional accessory Structure (pool) approx. 3 feet from the lot line where 15 feet is required Date: March 28, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: 773 South Main Street LLC Property Address: 773 South Main Street, Centerville, MA Assessor's Map/Parcel: 185/013 Zoning: Craigville Beach District (CBD) and the Centerville River North Bank (CRNB) Neighborhood Overlay Zoning District Filed: March 12, 2024 Hearing: April 10, 2024 Decision Due: June 22, 2024 Copy of Public Notice 773 South Main Street LLC has applied to modify Condition No. 4 of Appeal No. 2019-005 to allow an additional accessory structure on the property, and also applied for a Special Permit in accordance with 240-125 Zoning Board of Appeals. The Applicant proposes to construct an approximately 12 foot by 20.5 foot in-ground pool approximately 3 feet from the westerly property line where 15 feet is required. The subject property is located at 773 South Main Street, Centerville, MA as shown on Assessor’s Map 185 as Parcel 013. It is located in the Craigville Beach District (CBD) and the Centerville River North Bank (CRNB) Neighborhood Overlay Zoning District. Background The subject property consists of .28 acres and is located on South Main Street overlooking the Centerville River, Centerville. The area is single family residential with a mixture of lot sizes and dwelling sizes. According to the Assessors records, the lot is currently developed with two residential structures. The principal dwelling contains 5,882 gross square feet, 7 bedrooms, and constructed in 1920. The second structure, an accessory structure originally constructed as a garage, contains (per the Assessor) 799 square feet of living area (1,588 gsf) and 1 bedroom. The building is set back 13.5 feet from South Main Street and 1.5 feet from the western property line. Special Permit No. 1989-67 was granted for a 22’ by 22’ expansion of a preexisting nonconforming accessory garage not in compliance with the 10 foot minimum side yard setback. Special Permit No. 2019-005 was granted to establish a family apartment in a detached structure at 773 South Main Street, Centerville, MA. Special Permit 2019-005 was granted subject to the following conditions: 1. Special Permit No. 2019-005 is granted to 773 South Main Street, LLC, The Athena Haseotes Trust—2016 dated March 1, 2016 as amended to establish a family apartment in a detached structure at 773 South Main Street, Centerville, MA. 2. Special Permit No. 1989-67 has been modified and conditions No. 2 and No. 3 are deleted. All other conditions shall remain in full force and effect. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-011 – 773 South Main Street LLC 2 3. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan of 773 South Main Street Centerville” by Down Cape Engineering Inc. dated September 25, 2018. 4. 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. 5. The Applicant must comply with the restrictions in Section 240-47.1(C)(1-4) Conditions and Procedural Requirements of the Family Apartment Ordinance (see above). 6. The family apartment may only be occupied by Athena M. Haseotes or a member(s) of Athena M. Haseotes’ family. 7. Athena M. Haseotes shall provide the annual affidavit as provided for in Section 240- 47.1(C)(2) along with a certification that the Revocable Trust is still the sole owner of the LLC and that Athena M. Haseotes is still the sole beneficiary of the Trust. 8. Any change in the ownership of the LLC or in the beneficial interests of the Trust shall be cause to for this permit to terminate. 9. All mechanical equipment associated with the dwelling (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 10. 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. The property is within the Craigville Beach District, an area designated by the Cape Cod Commission as a District of Critical Planning Concern. The Craigville Beach DCPC was initiated by village residents concerned with the changing character of the area and adverse impacts to the Centerville River. The DCPC addresses issues related to natural and ecological resources; cultural, historic and architectural resources; natural hazards; wastewater management; and waterfront management. The regulations contained in Section 240-131 are the adopted DCPC implementing regulations. These implementing regulations are the means by which all development is regulated within the district; grandfathering provisions and/or nonconforming rights conferred by M.G.L. Chapter 40A do not apply within the Craigville Beach District. Proposal & Relief Requested 773 South Main Street LLC has applied to modify Condition No. 4 of Appeal No. 2019-005 to allow an additional accessory structure on the property, and also applied for a Special Permit in accordance with 240-125 Zoning Board of Appeals. The Applicant proposes to construct an approximately 12 foot by 20.5 foot in-ground pool approximately 3 feet from the westerly property line where 15 feet is required. The subject property is located at 773 South Main Street, Centerville, MA. 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. The application falls within a category specifically excepted in the ordinance for a grant of a special permit: Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-011 – 773 South Main Street LLC 3 Section 240-125 allows for a modification of a Special Permit. 2. 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. 3. The single-family nature of the property and of the accessory nature of the detached structure are preserved. Suggested Conditions Should the Board find to grant the Special Permit No. 2024-011, a modification of 2019-005, it may wish to consider the following conditions: 1. Special Permit No. 2024-011 is granted to 773 South Main Street LLC to modify Condition No. 4 of Appeal No. 2019-005 to allow an additional accessory structure on the property, and also applied for a Special Permit in accordance with 240-125 Zoning Board of Appeals to construct an approximately 12 foot by 20.5 foot in-ground pool approximately 3 feet from the westerly property line where 15 feet is required at 773 South Main Street, Centerville, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Proposed Pool Plan” by Baxter Nye Engineering & Surveying, dated February 10, 2023 with the last revision date of March 11, 2024. 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. 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 Liza Cox) Attachments: Application Plans Special Permit No.2019-005