HomeMy WebLinkAboutZoning Memo 100 Washington Avenue with Exhibits 1
MEMORANDUM
TO: Zoning Board of Appeals
FROM: John W. Kenney, Esq. &
Patrick R. Nickerson, Esq.
SUBJECT APPEAL NO.: Appeal No. 2025-012 Special Permit
HEARING DATE: May 14, 2025
APPLICANT: Zig Harbor, LLC
PROPERTY: 100 Washington Avenue, Hyannis Port, MA 02647
ASSESSOR’S MAP: Map 287, Parcel 116
LOT SIZE: 15,979 Sq. Ft. ± (0.37 acres) (Developed Lot)
ZONING DISTRICT: Residence F-1 (RF-1) Zoning District
GROUND WATER
OVERLAY DISTRICT: AP - Aquifer Protection Overlay District
RELIEF REQUESTED: Applicants are seeking a Special Permit pursuant to Section 240-
92(B) Non-Conforming buildings or structures used as single and
two-family residences.
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BACKGROUND AND PROCEDURAL HISTORY
The subject premise is located at 100 Washington Avenue, Hyannis Port, MA (hereinafter
“Locus”). The property is shown as Parcel 116 on the Town of Barnstable Assessor’s Map 287,
a copy of which is attached hereto as Exhibit A for your review.
The Applicant, Zig Harbor, LLC, acquired title to Locus by a deed dated September 17th, 2024,
and recorded with the Barnstable County Registry of Deeds in Book 36578 Page 182. A copy of
the Deed is attached hereto as Exhibit B for your review.
The existing single-family dwelling consists of two stories and contains seven bedrooms and five
bathrooms across 7,592 square feet of gross floor area. The dwelling was constructed in
approximately 1900 and is of historical interest. A photo of the dwelling is attached hereto as
Exhibit C for your review. The Applicant’s proposed project received unanimous approval from
the Historical Commission on April 15, 2025.
The property is served by municipal water and a Title V septic system, and is located in the
Residence F-1 (“RF-1”) zoning district.
DESCRIPTION OF PROPOSED PROJECT
The Applicant proposes to alter and expand the legal preexisting nonconforming single-family
dwelling. The scope of work includes lifting the house, demolishing the existing foundation,
pouring a new foundation, and resetting the house onto the new foundation. This will increase the
building height by approximately fourteen (14) inches.
Additional alterations are proposed on all four sides of the home. The westerly car port, southerly
entry porch, will be removed and rebuilt on the new foundation with a new roof deck and railing
system. The easterly sun room will be removed and replaced with a renovated kitchen. The
northerly shed roof porch will be removed, and two smaller entry porches will be constructed. New
windows, siding, roofing, trim, and corbels will be incorporated like in kind with existing
components. Minor changes to the fenestration layout and a new dormer to the southerly elevation
are also proposed.
The Applicant is seeking a Special Permit pursuant to Section 240-92(B) of the Town of Barnstable
Zoning Ordinance because the proposed alterations to the northerly elevation are occurring within
the 10-foot rear setback. As shown on the Site Plan, the existing rear setback is 1.0 feet, and the
proposed rear setback is 3.1 feet.
ZONING BACKGROUND
The subject property was created by a plan from 1872 as recorded in the Barnstable County
Registry of Deeds in Plan Book 26, Page 95. See Exhibit D.
Based upon research of the Town of Barnstable Zoning Ordinance, in 1956, the lot was zoned
RC requiring a minimum lot size of 15,000 square feet and requiring a front setback of twenty
(20) feet and side and rear setbacks of ten (10) feet. The zoning change in 1956 rendered the
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structure nonconforming as it was not then in compliance with the ten (10) foot rear yard
setback. In 1978 the subject property was rezoned RF-1, requiring a minimum lot size of one
acre. The 1978 zoning change made the lot nonconforming.
The Applicant is seeking a special permit pursuant to Section 240-92(B) of the Town of Barnstable
Zoning Ordinance because the proposed alterations to the northerly elevation encroach into the
10-foot rear setback. The proposed alterations reduce the degree of nonconformity of the rear
setback; the existing rear setback is 1.0 feet, and the proposed rear setback is 3.1 feet.
SPECIAL PERMIT CONDITIONS AND ARGUMENT
Section 240-125C requires this Board find that the application for a Special Permit falls within a
category of the Zoning Ordinance which specifically authorizes the Zoning Board to grant a
Special Permit. Further, the Board must find that the proposed project, based upon the evidence
presented, does not derogate from the spirit and intent of the Zoning Ordinance and that it is not
substantially more detrimental to the public good or neighborhood affected.
Section 240-92 contains two separate sections which allow for the alteration and expansion of
nonconforming buildings or structures used as single and two-family residences. Subsection A
allows for as-of-right alteration and expansion provided certain criteria are met. If the project
cannot be done as of right, Subsection B authorizes the ZBA to grant a Special Permit provided
certain criteria are met. Since the Applicant’s proposed alterations to the northerly elevation
encroach into the 10-foot rear yard setback, a Special Permit is required.
Per Section 240-92(B), the ZBA 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 structure.
This Board can find that the proposed alteration and expansion is not substantially more
detrimental to the public good or the neighborhood affected because the Applicants' proposed
alterations and expansion lessen the degree of nonconformity with respect to the rear setback,
comply with the height requirements of the RF-1 district, and where the proposed alterations have
received unanimous approval of the Historical Commission.
CONCLUSION
Based on the foregoing, we submit to this Board that the Applicant meets the requirements for a
Special Permit pursuant to Section 240-92(B) of the zoning ordinance. We ask that you vote in
favor of the Special Permit relief requested.
Respectfully submitted,
/s/ John W. Kenney (e-signed by PN)
John W. Kenney
Attorney for Zig Harbor, LLC, Applicant
1550 Falmouth Road, Suite 12
Centerville, MA 02632
508-771-9300
john@jwkesq.com
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Respectfully Submitted,
/s/ Patrick R. Nickerson
Patrick R. Nickerson
Attorney for Zig Harbor, LLC, Applicant
1550 Falmouth Road, Suite 12
Centerville, MA 02632
508-771-9300
patrick@jwkesq.com
1,000.00
This map is for illustration purposes only. It is not
adequate for legal boundary determination or
regulatory interpretation. This map does not represent
an on-the-ground survey. It may be generalized, may not
reflect current conditions, and may contain
cartographic errors or omissions.
Parcel lines shown on this map are only graphic
representations of Assessor’s tax parcels. They are
not true property boundaries and do not represent
accurate relationships to physical objects on the map
such as building locations.
167083
Feet
feetApprox. Scale: 1 inch =83
Legend
Town of Barnstable GIS Unit
367 Main Street, Hyannis, MA 02601
508-862-4624
gis@town.barnstable.ma.us
Map printed on:5/6/2025
Road Names
Exhibit C