SR-2022-028 Miller 1879 Phinneys Lane BARN Family Apt SPTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No.2022-028 –Miller
Section 240-47.1 B.(1) and (4)–Family Apartment
To create a detached 2-bedroom family apartment above the garage which will be more
than 50% of principal dwelling
Date:May 27, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Applicant:Joshua Miller
Property Address:1879 Phinney’s Lane,Barnstable, MA
Assessor's Map/Parcel:277/008
Zoning:Residence G (RG)
Filed:May 2, 2022 Hearing:June 8, 2022 Decision Due:August 10, 2022
Copy of Public Notice
Joshua Miller has applied for a Special Permit pursuant to Section 240-47.1.B (1) and (4) Family
Apartments. The Applicant proposes to construct a 1,785 square foot detached structure that will
be greater than 50% of the principal dwelling. The proposed structure will be a 2-car garage with a
2-bedroom Family Apartment above. The subject property is located at 1879 Phinney’s Lane,
Barnstable, MA as shown on Assessor’s Map 277 as Parcel 008. It is located in the Residence G
(RG) Zoning District.
Background
The subject property consists of a 2.5 acre rectangular shaped lot with frontage on Phinney’s Lane
in Barnstable.According to the Assessors records, the lot is developed with a 2-bedroom single
family dwelling containing 1,092 square feet of living area (2,184 square feet of gross area) and
constructed in 1941.The area consists of a variety of sized residential lots.
Proposal & Relief Requested
The Applicants are proposing to construct a 1,785 square foot detached structure that will be
greater than 50% of the principal dwelling. The proposed structure will be a 2-car garage with a 2-
bedroom Family Apartment above. The subject property is located at 1879 Phinney’s Lane,
Barnstable, MA.The detached family apartment larger than 50% of the principal dwelling requires a
Special Permit pursuant to Section 240-47.1.B (1) and (4).
Section 240-47.1 B. 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
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-028 -Miller
2
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.
(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. allows a Special Permit for a Family
Apartment in a detached structure and 50% larger than the principal dwelling.
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. 2022-028, it may wish to consider the following
conditions:
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-028 -Miller
3
1.Special Permit No. 2022-028 is granted to Joshua Miller to construct a 1,785 square foot
detached structure that will be greater than 50% of the principal dwelling pursuant to Section
240-47.1.B (1) and (4) Family Apartments at 1879 Phinney’s Lane, Barnstable, MA.
2.The site development shall be constructed in substantial conformance with the plan by TMS
Design dated April 11, 2022.
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
Attachments:Application
Plot Plan