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Home My WebLink AboutSR-2025-012 Zig Harbor LLC 100 Washington Ave HY NC SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2025-012 – Zig Harbor LLC 240-92 B. Nonconforming Structures used as single and two family residences To renovate and restore a legal preexisting nonconforming dwelling including lifting dwelling, new foundation, and alterations and updates to windows, dormers, entrances, roof decks, porches etc Date: April 24, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Zig Harbor LLC Property Location: 100 Washington Avenue, Hyannis, MA Assessor's Map/Parcel: 287/116 Zoning: Residence F-1(RF-1) Zoning District Filed: April 16, 2025 Hearing: May 14, 2025 Decision Due: July 26, 2025 Copy of Public Notice Zig Harbor, LLC has applied for a Special Permit pursuant to Section 240-92 (B) Nonconforming buildings or structures used as single- and two-family residences. The Applicant proposes to renovate and restore a preexisting nonconforming single-family dwelling. The scope of work includes lifting the house and pouring a new concrete foundation to replace the existing foundation, with alterations and updates to certain windows, dormers, entrances, roof decks, and porches. A Special Permit is required due to a portion of the proposed alterations occurring within the 10-foot rear setback. The subject property is located at 100 Washington Ave, Hyannis, MA as shown on Assessor’s Map 287 as Parcel 116. It is located in the Residence F-1 (RF-1) Zoning District. Background The subject property is a 0.36 acre parcel containing an 8-bedroom dwelling with 4,975 square feet of living area (9,308 square feet gross) constructed in 1920. The lot has frontage on Washington Avenue in Hyannisport. § 240-92 Nonconforming buildings or structures used as single- and two-family residences. A preexisting nonconforming building or structure that is used as a single- or two-family residence may be physically altered or expanded only as follows: A. As of right. If the Building Commissioner finds that: (1) The proposed physical alteration or expansion does not in any way encroach into the setbacks in effect at the time of construction, provided that encroachments into a ten-foot rear or side yard setback and twenty-foot front yard setback shall be deemed to create an intensification requiring a special permit under Subsection B below; and (2) The proposed alteration or expansion conforms to the current height limitations of this chapter. Town of Barnstable Planning and Development Department Staff Report Special Permit 2025-012 – Zig Harbor LLC 2 B. By special permit. If the proposed alteration or expansion cannot satisfy the criteria established in Subsection A above, the Zoning Board of Appeals may allow the expansion by special permit, provided that the proposed alteration or expansion will not be substantially more detrimental to the neighborhood than the existing building or structure. Proposal & Relief Requested Zig Harbor, LLC has applied for a Special Permit pursuant to Section 240-92 B. Nonconforming buildings or structures used as single- and two-family residences. The Applicant proposes to renovate and restore a preexisting nonconforming single-family dwelling. The scope of work includes lifting the house and pouring a new concrete foundation to replace the existing foundation, with alterations and updates to certain windows, dormers, entrances, roof decks, and porches. A Special Permit is required due to a portion of the proposed alterations occurring within the 10-foot rear setback. The subject property is located at 100 Washington Ave, Hyannis, MA. Procedure - NEW A complete application has been received and as such the Board shall open the hearing by vote of the Board. The Board shall then assign members and hear the matter before them. If the Board needs additional information the Board may continue this matter to a date certain. Once the Board has exhausted their review the Board shall motion to close the public hearing. At this time no new information or public comment is to be accepted by the Board. The Board shall now deliberate render a decision. When rendering a decision, a motion shall be made to (approve, approve with conditions, or deny) with the following findings and conditions. The Board shall state findings and may state or reference proposed conditions. Once findings and conditions are completed, a second is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote. Lastly a vote is then called for. 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 240-94 B. allows for a Special Permit. 2. 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. 3. A site plan has been reviewed and found approvable in accordance with Article IX herein subject only to the issuance of a special permit. Site Plan Review is not required for single family dwellings. Further Section 240-92 B. requires the Board to find that: 4. The proposed alteration or expansion will not be substantially more detrimental to the neighborhood than the existing building or structure. Suggested Special Permit Conditions Should the Board find to grant Special Permit No. 2025-012, a request to renovate and restore a preexisting nonconforming single-family dwelling. The scope of work includes lifting the house and pouring a new concrete foundation to replace the existing foundation, with alterations and updates to certain windows, dormers, entrances, roof decks, and porches within the 10-foot rear setback at 100 Washington Ave, Hyannis, MA: Town of Barnstable Planning and Development Department Staff Report Special Permit 2025-012 – Zig Harbor LLC 3 1. Special Permit No. 2025-012 is granted to Zig Harbor, LLC pursuant to Section 240-92 B. Nonconforming buildings or structures used as single- and two-family residences to renovate and restore a preexisting nonconforming single-family dwelling. The scope of work includes lifting the house and pouring a new concrete foundation to replace the existing foundation, with alterations and updates to certain windows, dormers, entrances, roof decks, and porches. A Special Permit is required due to a portion of the proposed alterations occurring within the 10- foot rear setback. The subject property is located at 100 Washington Ave, Hyannis, MA 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan” Sheet C-101 by Green Seal Environmental LLC., dated April 10, 2025. 3. The proposed alteration of the structure shall represent full build-out of the lot. No further changes shall be permitted without approval from the Board. 4. All mechanical equipment associated with the dwelling (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 5. This 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 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 John Kenney) Attachments: Application Plans