SR-2022-012 Anderson 100 Bay View Rd BARN mod NC SPTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No.2022-012 –Anderson
Modification of Special Permit 2009-039
Section 240-91 H. (2)Demo and Rebuild by Special Permit
To allow the modification of Special Permit 2009-039 Condition No. 2 for an additional bedroom
Date:March 29, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Applicant:Donald Anderson
Property Address:100 Bay View Road, Barnstable, MA
Assessor's Map/Parcel:319/030
Zoning:Residence B (RB)
Filed:March 4, 2022 Hearing:April 13, 2022 Decision Due:June 12,2022
Copy of Public Notice
Donald Anderson has applied for a modification of Special Permit No. 2009-039 pursuant to Section
240-91.H (2) Demolition and rebuilding by Special Permit. The Applicant seeks to construct an
additional bedroom above the existing garage. This alteration requires a modification of Special
Permit 2009-039 Condition No. 2 which reads: “The dwelling to be built is limited to that shown on
the above plans. The dwelling shall not exceed three bedrooms as defined by the Board of Health
and shall be connected to public water and Town sewers.” The subject property is located at 100
Bay View Road,Barnstable, MA, as shown on Assessor’s Map 319 as Parcel 030. It is located in
the Residence B (RB) Zoning District.
Background
The subject property is a 0.51 acre lot with frontage on Bay View Road where it intersects with
Sunset Lane,overlooking Barnstable Harbor in Barnstable Village.The subject lot is improved with
a 3-bedroom dwelling containing 1,828 square feet of living area (3,014 gross),a 1-car garage,and
constructed in 2009.The lot is served by public water, gas, and sewer.The residential
neighborhood consists of small lots.
Proposal & Relief Requested
Donald Anderson has applied for a modification of Special Permit No. 2009-039 pursuant to Section
240-91.H (2) Demolition and rebuilding by Special Permit. The Applicant seeks to construct an
additional bedroom above the existing garage. This alteration requires a modification of Special
Permit 2009-039 Condition No. 2 which reads: “The dwelling to be built is limited to that shown on
the above plans. The dwelling shall not exceed three bedrooms as defined by the Board of Health
and shall be connected to public water and Town sewers.”
In Appeal No.2009-039, the Applicants sought a special permit to demolish the existing dwelling on
the undersized lot and rebuild a new single-family dwelling. The lot was originally created in 1941
by a Land Court Plan No. 17933-A, and consists of Lots Number 19 and 20. The lot was enlarged
in 1973 with the addition of a “Beach Lot”, Lot No. 213 as shown on Land Court Plan 17933-H. The
Applicants were James and Justine Laugharn who purchased the property in 2007.
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Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-012 Anderson
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Section 240-91(H)(2)requires a special permit for all demolition and rebuilding projects if the
proposed demolition and rebuilding cannot satisfy the criteria under Section 240-91(H)(1) “As of
Right”:
Lot Coverage:16%(20% maximum)–3,554 square feet (4,443 square feet allowed)
Floor-Area Ratio:26%(30% maximum)–5,775 square feet (6,664 square feet allowed)
Building Height:22.9 feet to plate (30 feet maximum allowed)
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.
1.The application falls within a category specifically excepted in the ordinance for a
grant of a special permit.Section 240-91(H)(2)allows for demolition and rebuilding on
a nonconforming lot.This request is to modify Special Permit No. 2009-039 Condition No.
2 to allow one additional bedroom.
2.Site Plan Review is not required for single family residential dwellings.
3.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.
Further, Section 240-91(H)(2) requires the Board to find that if the proposed demolition and
rebuilding cannot satisfy the criteria established is H(1) As-Of-Right, then the Board may allow the
demolition and rebuilding by Special Permit provided the Board finds that:
1.The proposed yard setbacks must be equal to or greater than the yard setbacks of
the existing building.The setbacks are unchanged.
2.The proposed lot coverage shall not exceed 20% or the existing lot coverage,
whichever is greater.The proposed lot coverage is 16%.
3.The floor area ratio shall not exceed 0.30 or 30% the existing floor area ratio of the
structure being demolished, whichever is greater.The proposed FAR is 26%.
4.The building height, in feet, shall not exceed 30 feet to the highest plate and shall
contain no more than 2 ½ stories.The proposed height is approx.22.9 feet to plate
(30 feet maximum)and is 2 stories.
5.The proposed second story addition to the garage would not be substantially more
detrimental to the neighborhood than the existing dwelling.
Suggested Conditions
Should the Board find to grant the Special Permit No. 2022-012, it may wish to consider the
following conditions:
1.Special Permit No. 2022-012 is granted to Donald Anderson to construct an addition
containing one bedroom above the existing garage. This alteration requires a modification
of Special Permit 2009-039 Condition No. 2 which reads: “The dwelling to be built is limited
to that shown on the above plans. The dwelling shall not exceed three bedrooms as defined
by the Board of Health and shall be connected to public water and Town sewers.” The
subject property is located at 100 Bay View Road, Barnstable, MA.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-012 Anderson
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2.The site development shall be constructed in substantial conformance with the plan entitled
“Certified plot plan showing garage at 100 Bay View Road, Barnstable, MA”by Patriot
Builders dated June 1, 2010 and floor plans and elevations by Patriot Builders dated
February, 28, 2022.
3.The proposed redevelopment shall represent full build-out of the lot. Further alteration or
expansion of the dwelling or construction of additional accessory structures is prohibited
without prior approval from the Board.
4.The total lot coverage of all structures on the lot shall not exceed 16% and the floor-area
ratio shall not exceed 26%.
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 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 Karla Chaffee)
Attachments:Application
Site Plan