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AP - 2022-014 Brown 250 Smoke Valley Road OST SP Town Clerk Stamp I -111 TOWN, 'Ars — — — — — — - -- -- ofi op Zoning Board of Appeals Application for a Special Permit For Office Use Ohl Date APPliCaliOn Rcceived: Appaal l Hearing Date: Hearths,I)ue Date: Decision Due: Property owner: Rai A.Brown,Trustee of Robin A.Brown Living Trust and(see attached) Phone: Property Location: 250,,PM4,yplley Road Village:Ostervil(e City:Barnstable State:MA I Zip:02655 Address of Owner (if different from above): City: State: I Zip: Assessor's Info: Map:097 I Parcel:002 Zoning District:RF Groundwater Overlay: AP Registry Book: I Page: Document Certificatett:194225 Court Reference: Plan Book:Lot 28, LCP 5725-13 Plan Page: Applicant's Name:' same as above Phone: Applicant's Address: Fax#: i City: State: I Zip; If Applicant(s) differs from owner, state nature of interestZ The undersigned hereby applies to the Zoning Board of Appeals for a Special Permit, in the manner and for the reasons set forth below: Cite Section(s) &Title(s) from Zoning Ordinance: 240-94 Nonconforming Use; alteration of a nonconforming use under 94(A) and if necessary, expansion under 94(B) Description of Activity/Reason for Request; 11 The Applicant seeks to alter a nonconforming use by transferring the cooking element(kitchen)from the boat house to the proposed pool house. Is property subject to an existing Special YES- Please list Appeal#(s): Y` NO Permit or Variance: The Applicant(s)Name will be the entity to whom the Special Permit will be issued to. If the Appipcent(s)differs from property owner,the Applicant will be required to submit one original notarized letter lam the owner authorizing the Applicant(s)to rapneentalarn aff.no the board, Marcia S. Brown,Trustee of Marcia S. Brown Living Trust i �4 I I I Existing Level of Development of Property—Existing Number of Buildiri Existing Use of Property;two dwelling units(main house and boat house) Existing Gross Floor Area: 4378 (3501 main house and 877 boat house) Proposed Level of Development of Property—Total Number of Buildings:3 Proposed Use of Property:two dwelling units(main house and pool house) and one accessory structure(boat annex) Proposed New Gross Floor Area: 8409 (3501 main house and 4031 000l house and 877 boat annex) Site Plan Review Number: n/a Date Approved: Description of Construction Activity (if applicable): 1 I � I Is the property located in a designated Historic District: Yes No V j Is the building a designated Historic marls Yes No V Is this proposal subject to approval by the Board of Health: Yes No ✓ Is this proposal subject to the jurisdiction of the Conservation Commission: Yes ✓ No Have you applied for a building permit: Yes I Have you been refused a building No I y g permit: Yes V No I Signature: I Date:March 18, 2022 Print Name:Michael F. Schulz Phone: Mailing Address: 1340 Main Street City: Osterville state:MA Z1p:02655 Fax Number:508-420-1536 Email Address:mschulz@schulzlawoffices.com Town of Barnstable Zoning Board of Appeals DO NOT TIME Application for Special Permit STAMP THIS PAGE INSTRUCTIONS Application forms are available at the Zoning Board of Appeals Office, Planning & Development Department, 367 Main Street, Hyannis, MA or by going to our website: town,barrstable.ma.us r ingBoard. Three (3) completed application forms with original signatures, along with all required information and materials, must be time re stamped with the Town Clerk. One copy is to remain at the Town Clerk's office and two (2) completed ® applications with materials must be submitted to the Zoning Board of Appeals office. It is strongly recommended that before filing with the Town Clerk, to have your application reviewed by the Zoning Board of Appeals staff located at 367 Main Street, Hyannis, MA. Failure to supply required Information is sufficient reason for a denial of your request. Also required will be a check made payable to the Town of Barnstable for the applicable filing fee which is non- refundable, (see Checklist sheet for fees). Also, in accordance with Massachusetts General Law Chapter 40A §11, w you will also be responsible for the legal ad fees once your application is advertised. Staff will inform you of the amount of the legal ad fees which should be paid prior to the date of your hearing. The check or money order must be made payable to the Town of Barnstable and sent to the Zoning Board of Appeals. The Zoning Board of Appeals will hold a public hearing on your application within 65 days of the filing with the Town Clerk and shall render a decision within 90 days of the close of the hearing unless extended by signed mutual agreement. Cases are assigned in order of receipt and given the Board's case load, an extension form is included in the application should it be needed. Abutters will be notified by mail, by Staff, of the date of the public hearing for which you will be required to provide the postage for these notices. Staff will provide you with the correct amount of stamps needed, When the application is filed, you should be fully prepared to go forward with the public hearing. For all proposals z that require Site Plan Review, that review must be completed prior to filing an application to the Zoning Board of Appeals. Materials submitted thereafter shall be given to the Board Members the night of the hearing along with a w recommended continuance date. Continuances must be mutually agreed upon and you, or your representative, will still be required to attend the hearing and should be prepared to go forward with the application All of the applications to the Board are reviewed by staff of the Planning & Development Department and approximately one week prior to the hearing, a staff report written by the Board's Principal Planner, shall be provided to you, or your representative. Cases must be presented to the Board and the public at an open public hearing. During the hearing, public comment will be taken and inquires by the Board made. All communication with the Board outside of the public hearing must be in writing and directed through this Board's office at 367 Main Street, Hyannis, MA. All decisions of the Board are made at an open public hearing, The written notice of that decision shall be filed with the Town Clerk's Office within 14 days after the Board renders the decision. A copy of that filed decision will be sent certified mail to the applicant or applicant's representative and notices of the decision filing sent to all abutters and persons of Interest. There is an appeal period of 20 days from the date the decision is filed with the Town Clerk. Thereafter, and if no appeal is filed, the Town Clerk shall certify to that fact with his/her signature and seal z 0 and return it to this office. In turn, a copy of that decision will be mailed to you via regular first class mail, w u The decision, certified by the Town Clerk, must be recorded at the Barnstable County Registry of Deeds or Land w o Court Office, as appropriate to your property for it to take effect. A copy of that recorded document must be submitted to the Zoning Board of Appeals Office and is required for any building or occupancy permit application made in reliance of the permit. The rights granted under a Special Permit shall lapse unless they are exercised within two (2) years of the date of the filing of the decision with the Town Clerk or extended as provided for in Section 240-125 of the Zoning Ordinance. DO NOT TIME STAMP THIS PAGE Please review all applicable zoning rules and regulations prior to applying. Be prepared to present evidence that shows your use is in harmony with the intent and purposes of the Zoning ordinance as well as the neighborhood affected (see - Section 240-125.C(2) - Standards For Granting Special Permits). Certain special permits require additional information and provisions that must be satisfied for the Board to issue the permit. Those additional requirements are found in the particular section authorizing the grant of the permit. If you are not familiar with the issues of zoning and the nature of special permits, you may wish to seek additional advice and guidance. For more information or to speak to a staff person, please call 508-862-4682. Thank you. r 'HE DO NOT TIME STAMP THIS SHEET Town Clerk's stamp is to be placed on Town of Barnstable the first page of the application which Zoning Board of Appeals is page 4 and 5 of this packet. Special Permit Thankyou. CHCCKLISI The following required Information,as it applies to your application,must be submitted with the application at the time of filing, failure to do so may result in a denial of your request. Three(3)copies of the completed application form with materials,each with original signatures and time stamped by the Town Clerk(One copy Is to remain at the Town Clerk's office and two(2)completed applications with materials listed below must be submitted to the Zoning Board of Appeals office). Materials shall include: 1. 'Wet sealed'certified property survey(plot plan)and one(1) reduced copy(8 1/2"x 11" or 11"x 17")showing the dimensions of the land,all wetlands,water bodies,surrounding roadways and the location of the existing improvements on the land as well as the proposed improvements. 2. Proposed site improvement plan,as found approvable by the Site Plan Review Committee(if applicable),with building dimensions,elevations and layout as may be required plus one(1)reduced copy(81/2"x 11" or 11"x 17")of each drawing. These plans must show the exact location of all proposed improvements and alterations on the land and to the structures. Check made payable to The Town of Barnstable in the amount as outlined below: Fee Is non-refundable. Single&Two Family Home Occupation, Bed & Breakfast Special Permits $600.00 All Other Special Permits $400.00 Multi-Family Multi-Family � 8750.00 plus 8100.00 per unit Commercial Business& Industrial ) t Under 4,999 gross square feet of structure $750.00 (Plus$100.00 for location/traffic review of permits 1 - along Routes 132,28,6A and West Main Street, Hyannis) I 5,000 to 9,999 gross square feet of structure $1000.00 (Plus$100.00 for location/traffic review of permits along Routes 132,28,6A and West Main Street,Hyannis) 10,000 gross square feet of structure and above $1500.00 (Plus$100.00 for location/traffic review of permits .} along Routes 132, 28, 5A and West Main Street,Hyannis)(Plus • $100.00 for each additional 10,000 gross square feet) { Time Extension 1 Six(6) Month Decision Time Extension $100.00 postage stalnpswill be required In order to notify abutters. Please contact this office for the amount of stamps needed prior to submitting application. If the Applicants)differs from property owner,the Applicant will be required to submit one original notarized letter from the owner authorizing the Applicant(s)to represent them before the Board. Also, if perspective owner(s), an executed Purchase and Sales Agreement or lease,or other documents to prove standing and interest in the pi operty will be required. x .. uiiw%iuu:� Town of Barnstable Zoning Board of Appeals Agreement to Extend Time Limits for Holding of a Public Hearing and Filing of a Decision on a Special Permit ZBA Appeal n: Map: Parcel: Applicant: Address: Village/City: State: Date Application was Time Stamped with Town Clerk: Original Hearing Date: I Original Decision Due: Number of Days Extended: New Decision Due Date: In the matter of: Appk.w(,): the Applicant(s) and the Zoning Board of Appeals, pursuant to Massachusetts General Laws, Chapter 40A, Section 15, agree to extend the required time limits for the holding of a public hearing and filing of a decision on this application for a Special Permit for a period of_, days beyond that date the hearing was required to be held and the decision was to be filed. This extension requires that the decision be filed 14 days after the decision is rendered by the Zoning Board of Appeals and that the decision be filed no later than: In executing this Agreement, the Applicant(s) hereto specifically waive any claim for a constructive grant of relief based upon time limits applicable prior to the execution of this Agreement. Signatures Applicant(s) Zoning Board of Appeals Print Name: Print Name: j Signature I Signature: Date: Date: 1 Zoning Board of Appeals Planning& Development Department 367 Main Street,Hyannis,MA 02601 Phone: 508-862-4682 Fax: 508-862.4784 cc Town Clerk Applicants) File // fl P; \ Rita jp,ZJd 4 w wW W \ gn \ It. \ \ '\ \\ Ks y Y v St 15 s 'S Q ,. zF , o �, ,11`anti—fig p\ d \� IM At ce ZW 3g��} ?g — ra� El II F---c'r---� y' -=�---- - --- _ Ae �. � FOP WI�NESTOPaGEINfO. q N F.Hl S�Ztl/JaRP LOYGHPn'xE �_ b• -- __-'-_ _ IffT��--�11}a �`� .41� T __fl . _-.- � -- .• �m'a : . raaz xu.,/' , ENLARGED PLAN ( ENLARGED PLAN Z ecaE}-1'-a' _ _ f LM9G F00 LP .E>rte>nnen _ vuR ISN, —__ 1 1 i 61 sr9z I i _ uacs may' �'�.."`an..' 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