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Home My WebLink AboutZBA DecisionNutter Anna Brigham,Principal Planner Town of Bamstable ZBA 200 Main Street Hyannis,MA 02601 June 27,2024 121775-1 Eliza Cox Direct Line:508-790-5431 Fax:617-310-9191 E-mail:ecox@nutter.com Brian Florence,Building Commissioner Town of Bamstable 200 Main Street Hyannis,MA 02601 Re: SpecialPermitNo.2024-011 773 South Main St LLC Dear Anna and Brian: Enclosed for your files please find a copy of the as-recorded Town of Bamstable Zoning Board of Appeals Decision relating tothe above-referenced matter. This Decision was recorded electronically withthe Bamstable County Registry of Deeds on June 27,2024,as Document No. 1,504,807. Thankyouforyour assistance withthis matter. Very truly yours, EZCicmf Enclosure 6766231.1 ElizaCox 't Nutter McCteimen &Fish LLP /1471 lyannough Rd,P.O.Box 1630 /Hyannis.MA 02601 /T;508,790.5400 /nutter.com Doc:l,504,807 06-27-2024 11:43 Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit No.2024-011 - 773 South Main St LLC Modification of Special Permit No.2019-005 Tomodify Special Permit No.2019-005 Condition No. Ato allow an additional accessory structure (pool)opprox.8.02 feet from the lot line where 15 feet is required Summary:Granted withConditions Applicant:773 South Main Street LLC PropertyAddress: 773South MainStreet,Centerville,MA Assessor's Map/Parcel:185/013 Zoning:Craigville Beach District (CBD)and the Centerville River North Bank (CRNB)Neighborhood Overlay Zoning District Hearing:May 22, 2024 Recording Information: Doc. #1,362,878 Cert. #218442 Plan Book:LCP 15075A &888H ^Background 773 South Main Street LLC applied to modify Condition No.4 of Appeal No.2019-005 to allow an 0^additional accessory structure onthe property,andalso applied for a Special Permit in accordance with 240-125 Zoning Board of Appeals.The Applicant proposed to construct an approximately 10 ^foot by .19 foot in-ground pool approximately 8.02 feet from the westerly property line where 15 feet 5*.is required.The subject property is located at773 South Main Street,Centen/ille,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. ^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 gross floor area) 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 ofa preexisting nonconforming accessory garage notin compliance with the 10 foot minimum side yardsetback. Special Permit No.2019-005 was granted to establish a family apartment in a detached structure at 773 South Main Street,Centerville,MA. Proposal &Hearing Summary 773 South Main Street LLC applied to modify Condition No.4 of Appeal No.2019-005 to allow an additional accessory structure onthe property,and also applied fora Special Permit in accordance with 240-125 Zoning Board of Appeals to construct an approximately 10 foot by 19 foot in-ground pool approximately 8.02 feet from the westerly property line where 15 feetis required at 773 South Main Street,Centerville,MA.The application was filed at the Town Clerk's office andthe Office of the Zoning Board of Appeals on March 12,2024.A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters and interested parties in accordance Doc:1,504,807 06-27-2024 11:43 Page 2 of 3 Town of Barnstable Planning and Development Department Decision Special Permit 2024-011 —773 South Main St IX,C with MGL Chapter 40A.The hearing was opened on April 10,2024 and continued to May 22.2024, at which time the Board found to grant the modification Special Permit subject to conditions.Board members deciding this application were Herbert Bodensiek,Manny Alves,Larry Hurwitz,Aaron . Webb,and Mark Hansen. At the hearing on May 22,2024,Attorney Eliza Cox represented the Applicants before the Board. Attorney Cox reviewed the issues from the abutter at the first hearing and presented a revised plan to address those concerns. She stated the proposed dipping pool has been reduced in size and relocated further away from the lot line shared by the abutter.Also,the location of the pool equipment has changed as well as some proposed plantings and new landscaping along South Main Street.The abutter,Ms.Carlson,submitted a letter requesting to withdraw her original objection due to the proposed revisions to the plan.She was also present at both hearings. The Board asked for public comment.The Chair acknowledged the letter submitted by Ms.Carlson dated May 22,2024. The Board discussed the alterations and were in support ofthe request due tothe applicant and abutter coming to a resolution. Findings of Fact x o •i At the hearing on May 22,2024,the Board voted and made the following findings offact in Special Permit No.2024-011,a request to modify Special Permit No.2029-005,for 773 South Main St, Centerville,MA. 1.The application falls within a category specifically excepted in the ordinance for a grant of a special permit.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.The withdrawal of the abutters objection meets the terms of this criteria. 3.The single-family nature of the property and of the accessory nature of the detached structure are preserved. AYE:Herbert Bodensiek,Manny Alves, Larry Hurwitz,Aaron Webb,and Mark Hansen NAY:None Decision The Board voted to grant the requested Special Permit with conditions as follows: 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 10 foot by 19 foot in-ground pool approximately 8.02 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.The Applicant shall not commence construction of the pool until after October 1,2024 and construction ofthe pool shall be completed by May 26.2025. Page 2 of 3 Doc:1,504,807 06-27-2024 11:43 Page 3 of 3 Town of Barnstable Planning and Development Department Decision Special Permit 2024-011 —773 South Main St LLC 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 tothe 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 twoyears, unless extended. AYE:Herbert Bodensiek,Manny Alves,Larry Hurwitz,AaronWebb,and Mark Hansen NAY:None Ordered Special Permit No.2024-011,a request 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 10 foot by 19 foot in-ground pool approximately 8.02 feet from the westerly property line where 15 feet is required at 773 South Main Street.Centerville,MA has been granted.This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office.The relief authorized by this decision must be exercised within one year unless extended.Appeals of this decision,if any,shall be made pursuant to MGL Chapter 40A,Section 17,within twenty days after the date of the filing of this decision,a copy of which must be filed in the office of the Barnstable Town Clerk. perjury. rt Bodensiek,Vice Chair ^ I,Ann Quirk,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this zjrf-day of^^UA-ft.ZcZif _under the pains and penalties of Ann Quirk,Town Clerk Date Sidned JOHK F.MEADE,ASSISTANT R]^CORDER Page 3 of 3 barnstable registry land court district RECEIVED &RECORDED ELECTRONICALLY