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HomeMy WebLinkAboutSR-2025-017 Basta 61 Studley Road, HY Merged Lots SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2025-017 – Basta Section 240-91 F. Merged Lots To allow the transfer of Lot at 51 Studley Road to the owners of 7 Houghton Road and would therefore merge into one lot Date: June 12, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Karim M. Basta, Trustee Address of Owner: 7 Houghton Road, Hyannis, MA Property Address: 61 Studley Road, Hyannis, MA Assessor's Map/Parcel: 306/009 Zoning: Residence B(RB) Filed: May 29, 2025 Hearing: June 25, 2025 Decision Due: September 6, 2025 Copy of Public Notice Karim M. Basta, as Trustee of the Nadine M. Basta Trust, has applied for a special permit pursuant to Section 240-91 F Developed Lot Protection; Merged Lots. The Applicant seeks to transfer the vacant, unbuildable lot at 51 Studley Road, presently merged with 61 Studley Road, to Mr. and Mrs. Karim M. Basta, owners of 7 Houghton Road. With the requested relief, 7 Houghton Road and 51 Studley Road would merge into one lot. 51 Studley Road would remain an unbuildable lot. No additional building lot is proposed and no construction or redevelopment is proposed. The subject property is located at 61 Studley Road, Hyannis, MA as shown on Assessor’s Map 306 as Parcel 009. It is located in the Residence B (RB) Zoning District. Background Karim M. Basta, as Trustee of the Nadine M. Basta Trust, has applied for a special permit pursuant to Section 240-91 F Developed Lot Protection; Merged Lots. The Applicant seeks to transfer the vacant, unbuildable lot at 51 Studley Road, presently merged with 61 Studley Road, to Mr. and Mrs. Karim M. Basta, owners of 7 Houghton Road. With the requested relief, 7 Houghton Road and 51 Studley Road would merge into one lot. 51 Studley Road would remain an unbuildable lot. No additional building lot is proposed and no construction or redevelopment is proposed. The subject property is located at 61 Studley Road, Hyannis, MA. No. 7 Houghton Road is a 0.41 acre lot developed with a 4-bedroom single family dwelling of 4,503 living area (8,179 gross) and constructed in 2001 fronting on Houghton Road. No. 61 Studley Road is a 0.2 acre lot developed with a 3-bedroom single family dwelling with 1,222 square feet of living area (4,598 gross) and constructed in 1977 with frontage on Studley Road. No. 51 Studley Road is a vacant 0.13 acre lot located at the intersection of Studley Road and Houghton Road. The area contains a variety of sized single family residential lots. Section 240-91 F. reads: Merged lots. Except as otherwise provided herein, lawfully nonconforming lots that are adjoining and held in common ownership, or under the control of the same owner, shall be treated so as to conform so far as possible with the minimum area requirement of the zoning Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-017 - Basta 2 district in which they are located. No lot so merged, or portion thereof, may be changed or transferred in any manner that will increase the degree of nonconformity unless a special permit has first been obtained from the Zoning Board of Appeals. No such special permit may create any additional buildable lot(s). Proposal & Relief Requested Karim M. Basta, as Trustee of the Nadine M. Basta Trust, has applied for a special permit pursuant to Section 240-91 F Developed Lot Protection; Merged Lots. The Applicant seeks to transfer the vacant, unbuildable lot at 51 Studley Road, presently merged with 61 Studley Road, to Mr. and Mrs. Karim M. Basta, owners of 7 Houghton Road. With the requested relief, 7 Houghton Road and 51 Studley Road would merge into one lot. 51 Studley Road would remain an unbuildable lot. No additional building lot is proposed and no construction or redevelopment is proposed. The subject property is located at 61 Studley Road, 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. 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. Suggested findings are as follows: 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit: Section 240-91 F. 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. 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. 2025-017, it may wish to consider the following conditions: 1. Special Permit No. 2025-017 is granted to Karim M. Basta, as Trustee of the Nadine M. Basta Trust, pursuant to Section 240-91 F Developed Lot Protection; Merged Lots to transfer the vacant, unbuildable lot at 51 Studley Road, presently merged with 61 Studley Road, to Mr. and Mrs. Karim M. Basta, owners of 7 Houghton Road. With the requested relief, 7 Houghton Road Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-017 - Basta 3 and 51 Studley Road would merge into one lot. 51 Studley Road would remain an unbuildable lot. No additional building lot is proposed and no construction or redevelopment is proposed. The subject property is located at 61 Studley Road, Hyannis, MA. 2. The site development shall be in substantial conformance with the plan entitled “Existing Conditions Site Plan of #51, #61 Studley Road, & #7 Houghton Road, Hyannis, MA” by Down Cape Engineering, Inc dated March 17, 2025. 3. The decision shall be recorded at the Barnstable County Registry of Deeds/Land Court and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to issuance of the building permit. The rights authorized by this special permit must be exercised within two years, unless extended. Copies: Applicant (c/o Attorney Michael Gill) Attachments: Application Site Plan