SR-2022-026 Howe 33 Captain Murphy's Way No 3 BARN Family Apt SPTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No.2022-026 –Howe
Section 240-47.1 B.(4)–Family Apartment
To create a detached family apartment above the existing garage
Date:May 13, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Applicants:Celeste M. Howe and Michelle A. Aceto
Property Location:33 Captain Murphy’s Way No. 3, Barnstable, MA
Assessor's Map/Parcel:317/031-01C
Zoning:Residence F-2 (RF-2) Zoning District
Filed: April 27, 2022 Hearing: May 25, 2022 Decision Due: August 5, 2022Copy of Public Notice
Celeste M. Howe and Michelle A. Aceto, have applied for a Special Permit pursuant to Section 240-
47. 1 B. Family Apartments. The Applicant is seeking a Special Permit to establish a 540 square
foot Family Apartment to be located in an existing detached garage. The subject property is located
at 33 Captain Murphy’s Way No. 3, Barnstable, MA as shown on Assessor’s Map 317 as Parcel
031-01C. It is located in the Residence F-2 (RF-2) Zoning District.
Background
The subject property is a 1.08 acre lot with frontage on Captain Murphy’s Way south of Route 6A in
Barnstable. The property contains three detached residential condominiums, but the subject
property is Unit 3 and improved with a 2 bedroom, 1,224 square feet of living area (2,836 gross floor
area), constructed in 1870. The 1.5-car garage, which is the subject of this application as well as
Variance No. 2022-025, was constructed in 2005. The area is residential in nature with a variety of
shaped lots.
Proposal & Relief Requested
The Applicants are proposing to establish a Family Apartment above the existing 1.5 car garage at
33 Captain Murphy’s Way, no. 3,Barnstable, MA.The detached family apartment requires a Special
Permit pursuant to Section 240-47.1.B (4)
Section 240-47.1 B (4)By special permit.The Zoning Board of Appeals may allow by special
permit if:
(1)A family apartment unit greater than 50% of the square footage of the dwelling.
(2)A family apartment unit with more than two bedrooms.
(3)Occupancy of a family apartment unit by greater than two adult family members.
(4)A family apartment unit within a detached structure, with a finding that the single-family
nature of the property and of the accessory nature of the detached structure are preserved.
Section 240-47.1 C.Conditions and procedural requirements. Prior to the creation of a family
apartment, the owner of the property shall make application for a building permit with the Building
Commissioner providing any and all information deemed necessary to assure compliance with this
section, including, but not limited to, scaled plans of any proposed remodeling or addition to
accommodate the apartment, signed and recorded affidavits reciting the names and family
relationship among the parties, and a signed family apartment accessory use restriction document.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-026 –Howe and Aceto
2
(1)Certificate of occupancy. Prior to occupancy of the family apartment, a certificate of
occupancy shall be obtained from the Building Commissioner. No certificate of occupancy
shall be issued until the Building Commissioner has made a final inspection of the apartment
unit and the single-family dwelling for regulatory compliance and a copy of the family
apartment accessory use restriction document recorded at the Barnstable Registry of Deeds
is submitted to the Building Division.
(2)Annual affidavit. Annually thereafter, a family apartment affidavit, reciting the names and
family relationship among the parties and attesting that there shall be no rental of the
principal dwelling or family apartment unit to any non-family members, shall be signed and
submitted to the Building Division.
(3)At no time shall the single-family dwelling or the family apartment be sublet or subleased
by either the owner or family member(s). The single-family dwelling and family apartment
shall only be occupied by those persons listed on the recorded affidavit, which affidavit shall
be amended when a change in the family member occupying either unit occurs.
(4)When the family apartment is vacated, or upon noncompliance with any condition or
representation made, including but not limited to occupancy or ownership, the use as an
apartment shall be terminated. All necessary permit(s) must be obtained to remove either
the cooking or bathing facilities (tub or shower) from the family apartment, and the water and
gas service of the utilities removed, capped and placed behind a finished wall surface; or a
building permit must be obtained to incorporate the floor plan of the apartment unit back into
the principal structure.
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 240-47.1 B.(4)allows a Special Permit for a Family
Apartment in a detached structure.
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.
The Board is also asked to find that:
4.The proposed family apartment would not be substantially more detrimental to the
neighborhood than the existing dwelling.
5.The single-family nature of the property and of the accessory nature of the detached
structure are preserved.
Suggested Conditions
Should the Board find to grant Special Permit No. 2022-026, it may wish to consider the following
conditions:
1.Special Permit No. 2022-026 is granted to Celeste M. Howe and Michelle A. Aceto, pursuant to
Section 240-47. 1 B.(4)Family Apartments to establish a 540 square foot Family Apartment to
be located in an existing detached garage at 33 Captain Murphy’s Way No. 3, Barnstable, MA.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-026 –Howe and Aceto
3
2.The site development shall be constructed in substantial conformance with the plan entitled
“XXXXXXXXXXXXXXXXXXXXXX)” prepared by XXXXXXXXX dated XXXXXXXXX.The
Board should note that the Applicant has not submitted a site plan or building plans.
3.The proposed development shall represent full build-out of the lot.Further development of the
lot or construction of additional accessory structures is prohibited without prior approval from the
Board.
4.The Applicant must comply with the restrictions in Section 240-47.1 C.Family Apartments
Conditions and Procedural Requirements 1-4 of the Ordinance as follows:
1.Certificate of occupancy. Prior to occupancy of the family apartment, a certificate of
occupancy shall be obtained from the Building Commissioner. No certificate of
occupancy shall be issued until the Building Commissioner has made a final inspection
of the apartment unit and the single-family dwelling for regulatory compliance and a
copy of the family apartment accessory use restriction document recorded at the
Barnstable Registry of Deeds is submitted to the Building Division.
2.Annual affidavit. Annually thereafter, a family apartment affidavit, reciting the names
and family relationship among the parties and attesting that there shall be no rental of
the principal dwelling or family apartment unit to any non-family members, shall be
signed and submitted to the Building Division.
3.At no time shall the single-family dwelling or the family apartment be sublet or
subleased by either the owner or family member(s). The single-family dwelling and
family apartment shall only be occupied by those persons listed on the recorded
affidavit, which affidavit shall be amended when a change in the family member
occupying either unit occurs.
4.When the family apartment is vacated, or upon noncompliance with any condition or
representation made, including but not limited to occupancy or ownership, the use as an
apartment shall be terminated. All necessary permit(s) must be obtained to remove
either the cooking or bathing facilities (tub or shower) from the family apartment, and
the water and gas service of the utilities removed, capped and placed behind a finished
wall surface; or a building permit must be obtained to incorporate the floor plan of the
apartment unit back into the principal structure.
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 Michael Schulz)
Attachments:Application