AP - 2022-012 Anderson 100 Bay View Rd BARN SP ( � Town Clerk Stamp
3ARNSTABLE i0WN CLEF'K
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Zoning Board of Appeals
I Application for an Amendment to Special Permit yy
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Inatp Annliratinn Rprpivpri, Annoni Nn
Hearing Due Date: Hearing Date:
�1 Decision Due:
Property Owner: Donald Anderson Phone: 617-416-4394
ry 100 Bay View Road l
IProperty Location: #,sneeeNo,r,e Village: Barnstable
00City: Barnstable State: MA I Zip: 02630
Address of Owner
( I (if different from above): Street#,street Name
` City: State: Zip: l
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Assessor's Info: Map: 319 Parcel: 030 Zoning District: RB Groundwater Overlay: AP
Registry of Deeds/Land Book: 28045 page: 22 Document#: 1,242,516 Certificate#: 202941
I I Court Reference: Plan Book: Ld Crt Nos. 17933-A Lots 19+20 and 17933-H Lot 213 Plan Page:
l J Applicant's Name:' Donald Anderson Phone: 617-416-4394 1
I (Applicant's Address: 100 Bay View Road
Mree(#,ffieel Nnme Fax #:
City: Barnstable State: MA Zip: 02630
I If Applicant(s) differs from owner, state nature of interest2
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The undersigned hereby applies to the Zoning Board of Appeals for an Amendment to Special Permit No. 2009-039, In the
f manner and for the reasons set forth below: See attached sheet for manner and reasons.
l Cite Section(s) & Title(s) from Zoning Ordinance:
(Description of Activity/Reason for Request:
Please see attached.
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1 Is property subject to an existing Special x YES - Please list Appeal #(s): 2009-39 NO
Permit or Variance:
4887-8322-4594 1
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_ Existing Level of Development of Property—Existing Number of Buildings:2
Q Existing Use of Property:single family residential
II Existing Gross Floor Area:2,693 SQ.it(Findings of Fact,Para.2 of Special Permit)Votprinl of all buildings is 1936 sq.ft.will not change)
Proposed Level of Development of Property—Total Number of Buildings:no change to footprint of 2 existing buildings
c Proposed Use of Property:family use
Proposed New Gross Floor Area:Add second floor to garage(400 sm.ft.) Total GFA=2693 (existing)+400=3,093 sq.ft.
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Site Plan Review Number: N/A Date Approved:
uescrlptlon or t onstructlon Activity in appncauie):aee attacnea sneet Tor aescrlptlon or project �I
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Fill Is the property located in a designated Historic District: Yes X No
Is the building a designated Historic mark: Yes No X
Is this proposal subject to approval by the Board of Health:(only sign-off required) Yes No X(on sewer)
Is this proposal subject to the jurisdiction of the Conservation Commission: Yes X No
ppppp Have you applied for a building permit: Yes No X
g Have you been refused a building permit: Yes No X
` J Signature: 445�1_(,. _ Date: -3 ��/ ZZ
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Print Name: Donald Anderson Phone: 617-416-4394
Mailing Address: 100 Bay View Road, Post Office Box 576 1
ICity: Barnstable State: MA Zip: 02630 l
Fax Number: Email Address: dona7350..amail.com
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4887-8322-4594.1
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1 Reauest to Amended Special Permit 2009-039
100 Bay View Road
Manner and Reasons for the Request
Backeround
This application is for an Amendment to Special Permit No. 2009-039, issued
( 4 2009 the "Special Permit" to the prior owner of 100 Ba view Road
I I August ( p )> p Bay
view
(See Attachment A). The Property is developed with a detached single
family home and single car garage. The Property owners wish to add a bedroom to
the second story of the garage. Independent living facilities (permanent provisions
_ for living, eating, and cooking) will not be provided. Although zoning relief is not
required for the additions, at least one provision of the 2009 Special Permit needs
to be amended.
(] Request
J Paragraph numbered 2 of the Special Permit Decision section states that "[t]he
dwelling shall not exceed three bedrooms as defined by the Board of Health" (the
"Bedroom Restriction"). This is a request to remove the Bedroom Restriction. As
Idiscussed in more detail below, the Special Permit should also be updated to
account for a new gross floor area, floor area ratio (FAR) and garage building
height. These modifications are all in compliance with Zoning Code section 240-
91.H(1) and permitted by right. In all other respects the Special Permit may
Iremain in effect, as it is.
l Deed Restriction Released
The Bedroom Restriction was based on a deed restriction (See Attachment B)
agreed to by that prior owner and the Barnstable Conservation Commission. That
(1 deed restriction had no basis in the wetlands protection laws, ordinances or
I 1 regulations enforced by the Conservation Commission. The Conservation
Commission has released the Deed Restriction. A Release of Deed Restriction has
l J been recorded in the Registry of Deeds and the three-bedroom restriction is
therefore no longer in effect. (See Attachment C) It is not known by the current
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owners why the restriction was placed on the dwelling.
Since the house is connected to public water and sewer, the restriction is not
required by public health considerations. Please see the attached correspondence
from Health Director Thomas McKean in that regard. (Attachment D) Neither is
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the restriction required by zoning considerations. (See the following summary of
dimensional requirements.)
Description of the Construction Activitv (the "Project").
The Project is shown on the attached site improvement plan entitled "100 Bay
View Rd— Barnstable, MA," dated 02/28/2022 and prepared by Patriot Builders,
Inc. (Attachment E) The proposed improvements will not change the footprint of
jl the existing garage structure. The roof height of the existing roof will be raised by
approximately 1 foot, to a new height of 22 feet and two dormers will be added, as
shown on said plan. The second floor of the existing garage will be converted to a
1 bedroom and bathroom of a maximum of 400 sq. ft.floor area.
The project does not require zoning relief, other than the proposed amendment to
the Special Permit. For the Board's information, the following is a description of
the Project's and the existing dimensions, and the source of those dimensions:
Total lot area— 22,215 sq. ft. (source — Special Permit)
Upland lot area— 12,100 sq. ft. (source- Special Permit)
Existing gross floor area—2693 sq. ft. (source— Special Permit, Findings of
Fact, paragraph 2)
Proposed new gross floor area— a maximum of 400 sq. ft. (2"a story of
garage) (source — attached Plan)
Total proposed gross floor area - 3093 sq. ft.
` I Footprint of existing buildings, will not change — 1936 sq. ft. (source—
�I Special Permit)
Lot coverage, will not change — 16%
6 Existing Floor Area Ratio (FAR) — 0.22
Proposed new FAR—0.26
Current garage building height — 21 ft. (source— knowledge of home owner)
f Proposed garage building height—22.9 3/4 ft. (source — attached Plan)
9 As can be seen, the proposed project meets the requirements of Section 240-91 H
I�I of the Zoning Code for all requirements, specifically, lot square footage (10,000
sq. ft.), lot coverage (less than 20%, same as existing), FAR (less than 0.30),
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I I building height (less than 30 ft.). The project can proceed as of right pursuant to
Zoning Code 290-91 H (1) (c) as a further expansion of a rebuilt structure which
remains in compliance with the lot coverage, FAR and building height limitations.
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Attachments for Further Information
Attachment A Special Permit No. 2009-039
Attachment B Deed Restriction
Attachment C Release of Deed Restriction
Attachment D Correspondence with Health Director Thomas McKean
Attachment E Site Improvement Plan entitled "100 Bay View Rd—
Barnstable, MA," dated 02/28/2022 and prepared by Patriot
Builders
Attachment F Certified Plot Plan for the site
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