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Home My WebLink Aboutdecisionzbaappeal2002095 Law Office of Singer & Singer, LLC BUILDING DEPT 26 Upper County Road P. O.Box 67 Dennisport,Massachusetts 02639 TOWN OFBARNSTABLE Andrew L. Singer Tel: (508)398-2221 Marion S.Rose Fax: (508)398-1568 www.singer-law.com Myer R. Singer (1938-2020) BUILDING DEPT. July 25, 2024 AUG 01 2024 Town of Barnstable TOWN OF BARNSTABLE Ms. Ann Quirk, Town Clerk 367 Main Steet Hyannis, MA 02601 Re: 132 Bay Shore Road LLC 132 Bay Shore Road,Hyannis Zoning Board of Appeals—Modification of Svecial Permit Decision 2002-095 Dear Ms. Quirk: Enclosed please find a copy of the Zoning Board of Appeals for the above-referenced matter which was registered today with the Barnstable District Land Court as Doc.No. 1,56,504. Very truly yours, Bonnie Mossey for Marian S. Rose Enclosure Copy to: Zoning Board of Appeals, w/enclosure Building Department,w/enclosure Doc: 1,506 ,504 07-25-2024 11 : 46 Town .of Barnstable Zoning Board of Appeals Decision and Notice Special Permit No.2023-028-132 Bay Shore Road LLC Modification of Special Permit No.2002-095 To modify Special Permit No.2002-095 to allow the alteration and expansion of the second floor living area within the original footprint with a covered stoop Summary: Granted with Conditions Applicant: 132 Bay Shore Road LLC Property Address: 132 Bay Shore Road, Hyannis, MA Assessor's Map/Parcel: 325/080 Zoning: Residence B (RB) Hearing: October 11, 2023 Recording Information: Doc # 1,399,025 Cert.# 222821 Plan Book:7615-8 Background 132 Bay Shore Road, LLC applied to modify Special Permit No. 2002-095 to allow the Applicant to alter and expand the second floor living area. There will be no increase in footprint other than the 3- extension of a covered stoop at the front entrance to the dwelling. The existing floor area is 2,125 square feet (plus 765 square feet of unfinished space)and the proposed floor area is 3,401 square K7 feet. The subject property is located at 132 Bay Shore Road, Hyannis, MA as shown on Assessor's t�° Map 325 as Parcel 080. It is located in the Residence B(RB)Zoning District. Qo The subject property consists of .22 acres and is located on Bay Shore Road overlooking Lewis Bay in Hyannis. The area is single family residential with small lots. According to the Assessors records, the lot is currently developed with one 3-bedroom single family dwelling containing 2,313 square feet of living area (3,900 gross square feet) constructed in 2002. In July, 2002, the Board granted Special Permit No. 2002-095 to demolish and rebuild a single family dwelling at 132 Bay Shore Road, Hyannis subject to the following conditions: Z 1. Location of the dwelling shall be as shown on a plan entitled "Site Plan of Land in Hyannis, Massachusetts depicting the Mariscal Residence, dated March 04, 2002, last revised date U of 04-09-02, prepared by Stephen J. Doyle and Associates. 2. The dwelling shall be built substantially in conformance to plans presented to the Board that aC are not titled but are dated 512102 and drawn by Devlin Custom Designs and scaled W=1'. The building shall not be higher than 18 feet to plate nor 24 feet to ridge of the roof. 3. The dwelling shall be connected to public water and Town sewer. 4. The total area of the dwelling shall not exceed 2,092 sq.ft. and shall not exceed 3- bedrooms. 5. This reconstruction shall comply with Health, Building and Conservation Divisions regulations without variance and to any Order of Conditions issued by the Conservation Commission. 6. This reconstruction shall be considered full build-out of the lot and there shall be no expansion in area or in footprint without further permission from this Board, and there shall be no accessory building added to this property. •` Doc: 1,506,504 07-25-2024 11: 46 Page 2 of 3 Town of Barnstable Planning and Development Department Decision Special Permit 2023-028—132 Bay Shore Rd,LLC Proposal &Hearing Summary 132 Bay Shore Road, LLC has applied to modify Special Permit No. 2002-095 to allow the Applicant to alter and expand the second floor living area with no increase in footprint other than the extension of a covered stoop at the front entrance to the dwelling at 132 Bay Shore Road, Hyannis, MA. The application was filed at the Town Clerk's office and the Office of the Zoning Board of Appeals on September 8, 2023. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters and interested parties in accordance with MGL Chapter 40A. The hearing was opened on October 11, 2023, at which time the Board found to grant the modification Special Permit subject to conditions. Board members deciding this application were Herbert Bodensiek, Denise Johnson, Paul Pinard, Mark Hansen, and Aaron Webb. At the hearing on October 11, 2023, Attorney Marian Rase represented the applicant before the Board. Also present were Margery Wicky, Architect, and Chuck Rolland, Engineer. Attorney Rose reviewed the application and stated this project entails the alteration of the second floor and roof line, and to cover the front stoop. The alteration complies with setbacks, height, and lot coverage as the prior work was done by Special Permit No. 2002-095. She reviewed the criteria for a Special Permit. The Board asked for public comment. The Chair acknowledged an email of support from Barbara Botello. No other testimony was taken. The Board discussed the alterations and that there is no change to the footprint but only a change to the roofline and front stoop. They agreed it was minimal impact. Findings of Fact At the hearing on October 11, 2023, the Board voted and made the following findings of fact in Special Permit No. 2023-028. a request to modify Special Permit No. 2002-095 for 132 Bay Shore Road, Hyannis, MA. 1. Whether or not the application falls within the category specifically excepted by this chapter. 2. An evaluation of all the evidence presented at the public hearing by the petitioner and interested parties as it relates to the fulfillment of the spirit and intent of this chapter without substantial detriment to the public good or the neighborhood affected. 3. A site plan has been reviewed and found approvable in accordance with Article IX herein subject only to the issuance of a special permit. 4. The proposed alteration/expansions are not substantially more detrimental to the environment, community and/or historic character of the neighborhood than the existing building or structure. AYE: Herbert Bodensiek, Denise Johnson, Paul Pinard, Mark Hansen,and Aaron Webb NAY: None Decision The Board voted to grant the requested Special Permit with conditions as follows: 1. Special Permit No. 2023-028 is granted to 132 Bay Shore Road, LLC to modify Special Permit No. 2002-095 to allow the Applicant to alter and expand the second floor living area. There will be no increase in footprint other than the extension of a covered stoop at the front entrance to the dwelling. The existing floor area is 2,125 square feet (plus 765 square feet of unfinished space) and the proposed floor area is 3,401 square feet. The subject property is located at 132 Bay Shore Road, Hyannis, MA. Page 2 of 3 2 Doc: 1,506,504 07-25-2024 11 : 46 Page 3 of 3 Town of Barnstable Planning and Development Department Decision Special Permit 2023-028—132 Bay Shore Rd,LLC 2, The site development shall be constructed in substantial conformance with the plan entitled "Site Plan Proposed Improvements at 132 Bay Shore Road Barnstable (Hyannis) Mass"by Sullvan Engineering & Consulting, Inc dated August 25, 2023 with the last revision date of September 7, 2023. 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. AYE: Herbert Bodensiek, Manney Alves, Denise Johnson, Paul Pinard, and Aaron Webb NAY: None Ordered Special Permit No. 2023-028, a request from 132 Bay Shore Road, LLC to modify Special Permit No. 2002-095 to allow the alteration and expansion of the second floor living area with no increase in footprint other than the extension of a covered stoop at the front entrance to the dwelling at 132 Bay Shore Road, Hyannis, 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. Flerbert hb-densiek, Vice Chair Date Signed 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 ��'�' day of /0050 a!"iSn2r the pains and penalties of perjury. Ann Quirk, Town Clerk JOHN F. bMADE, ASSISTANT RECORDER Page 3 of 3 BARNSTABLE REGISTRY LAND CART DISTRICT RECEIVED 6 RECORDED ELECTRONICALLY