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SR-2022-043 Munsell 3075 Main St BARN NC SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2022-043 – Munsell Section 240-93 B. Nonconforming Buildings not used as Single or two-family Residences To allow the reconstruction/enlargement of the existing structure to create a single family dwelling Date: August 30, 2022 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicants: David P. Munsell and Diane M. Munsell Property Address: 3075 Main Street, Barnstable, MA Assessor's Map/Parcel: 279/041 Zoning: Residence F-2 (RF-2) Filed: July 28, 2022 Hearing: September 14, 2022 Decision Due: November 5, 2022 Copy of Public Notice David P. Munsell Jr. and Diane M. Munsell have applied for a Special Permit pursuant to Section 240-93 B. Nonconforming buildings or Structures not used as single- or two-family dwellings, Alterations by Special Permit. The Applicant is seeking a Special Permit to reconstruct/enlarge existing structure, a 450 square foot carriage house/barn and 80 square foot shed where 10 feet is proposed and 15 feet is required and to convert the same to a 2,723 square foot single family dwelling and 80 square foot shed. The subject property is located at 3075 and 3077 Main Street, Barnstable, MA as shown on Assessor’s Map 279 as Parcels 040 and 041. It is located in the Residence F-2 (RF-2) Zoning District. Background The subject property addressed as 3075 Main Street is a .33 acre lot and contains an accessory 450 square foot structure (Carriage house) and 80 square foot shed, with frontage on Main St/Route 6A in Barnstable Village. The subject property addressed as 3077 Main Street is not listed in the Assessors database as it is considered merged with 3075 Main Street. The property has an odd jog in the rear. The area is residential in nature with a variety of shaped lots. Proposal & Relief Requested David P. Munsell Jr. and Diane M. Munsell have applied for a Special Permit pursuant to Section 240-93 B. Nonconforming buildings or Structures not used as single- or two-family dwellings, Alterations by Special Permit. The Applicant is seeking a Special Permit to reconstruct/enlarge the existing structure, a 450 square foot carriage house/barn and 80 square foot shed where 10 feet is proposed and 15 feet is required and to convert the same to a 2,723 square foot single family dwelling and 80 square foot shed. Aside from the existing encroachment into the side yard setback, the proposed dwelling will comply with the other setback requirements. The subject property is located at 3075 Main Street, Barnstable, MA. 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2022-043 – Munsell 2 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Section 240-93 B. allows for an expansion/alteration by Special Permit. 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. Section 240-93 B. requires the board to make the following finding: 4. The proposed repairs, alterations and/or expansion are not substantially more detrimental to the surrounding neighborhood. If the building or structure houses a nonconforming use, the provisions of § 240-94 shall also apply. Suggested Conditions Should the Board find to grant the Special Permit No. 2022-043, it may wish to consider the following conditions: 1. Special Permit No. 2022-043 pursuant to Section 240-93 B. Nonconforming Buildings or Structures not used as Single and Two-Family Residences by Special Permit, is granted to David P. and Diane M. Munsell to reconstruct/enlarge the existing structure, a 450 square foot carriage house/barn and 80 square foot shed where 10 feet is proposed and 15 feet is required and to convert the same to a 2,723 square foot single family dwelling and 80 square foot shed at 3075 Main Street, Barnstable, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Plan of Land of #3075 & #3077 Route 6A Barnstable, MA” by Down Cape Engineering dated October 9, 2019. 3. The above-described development shall represent full build-out of the lot. No further additions or accessory structures shall be permitted without approval from the Board. 4. 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 Peter Freeman) Attachments: Application Site Plan