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Home My WebLink AboutSR-2025-015 Kelly 34 Lake St COT demo rebuild NC Lot SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2025-015 – Kelly Section 240-91 H. (3) Developed Lot protection, demolition and rebuilding on nonconforming lots To allow the demolition and construction of a dwelling on a nonconforming lot Date: June 12, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicants: Bruce W. and Lisa Mycock Kelly Property Address: 34 Lake Street, Cotuit, MA Assessor's Map/Parcel: 020/018-001 Zoning: Residence F-1 (RF-1) Filed: May 29, 2025 Hearing: June 25, 2025 Decision Due: September 6, 2025 Copy of Public Notice Bruce W. Kelly and Lisa Mycock Kelly have applied for a special permit pursuant to Section 240-91 H (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicants are seeking a special permit to allow the demolition of the existing dwelling and construction of a dwelling on a nonconforming lot. The prior lot was subdivided and as such, a special permit is required where the construction would otherwise be allowed as of right. The subject property is located at 34 Lake Street, Cotuit, MA as shown on Assessor’s Map 020 as Parcel 018-001. It is located in the Residence F (RF) Zoning District. Background Bruce W. Kelly and Lisa Mycock Kelly have applied for a special permit pursuant to Section 240-91 H (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicants are seeking a special permit to allow the demolition of the existing dwelling and construction of a dwelling on a nonconforming lot. The prior lot was subdivided and as such, a special permit is required where the construction would otherwise be allowed as of right. The subject property is located at 34 Lake Street, Cotuit, MA. The subject lot is 0.32 acres and developed with a single-family dwelling with 1-bedroom, 472 square feet of living area (544 gross) and constructed in 1968. The lot has frontage on Lake Street. The area consists of a variety of sized residential lots. Section 240-91 H. reads: (3) By special permit. If the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above, then the Zoning Board of Appeals may allow the demolition and rebuilding by special permit, provided that the Board finds that: (a) If the proposed new dwelling does not comply with Subsection H(1)(a) above, then the proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building; and (b) All the criteria in Subsection H(1)(b)[1], [2] and [3] above are met. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-015 - Kelly 2 (c) The proposed new dwelling would not be substantially more detrimental to the neighborhood than the existing dwelling. (d) This section shall only apply to Subsection H(2) to the extent that the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above and shall not be available for relief from any of the other provisions of Subsection H(2). Proposal & Relief Requested Bruce W. Kelly and Lisa Mycock Kelly have applied for a special permit pursuant to Section 240-91 H (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicants are seeking a special permit to allow the demolition of the existing dwelling and construction of a dwelling on a nonconforming lot. The prior lot was subdivided and as such, a special permit is required where the construction would otherwise be allowed as of right. The subject property is located at 34 Lake Street, Cotuit, MA. The existing dwelling had a front setback of approximately 135 feet where 30 feet is required, side yard setback of 15.19 ft (easterly) where 15 feet is required, and the rear yard setback is 15.10 where 15 feet is required. The existing lot coverage is 642 square feet (4.6%). The existing Floor Area is 472 square feet (3.4%). The proposed dwelling’s front yard setback is 32 feet where 30 feet is required, the side yard setbacks are 21 feet (easterly) and 24 feet (westerly) where 15 feet is required. The proposed lot coverage is 1,570 square feet or 11.3% where 20% is maximum, and the proposed Floor Area Ratio is 1,850 square feet or 13.4% where 30% is the maximum. Section 240-91(H)(3) requires a special permit for all demolition and rebuilding projects if the proposed demolition and rebuilding cannot satisfy the criteria under Section 240-91(H)(1) “As of Right”, but the following criteria must be met: • Lot Coverage: 11.3% (20% maximum) – 1,570 square feet (2,769.6 square feet allowed) • Floor-Area Ratio: 13.4% (30% maximum) – 1,850 square feet (4,154.4 square feet allowed) • Building Height: 18 feet 2 inches (30 feet maximum) 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-015 - Kelly 3 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Section 240-91 H. (3) allows for the demolition and rebuilding of a residence on a nonconforming lot. 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. Further, Section 240-91(H)(3) requires the Board to find that if the proposed demolition and rebuilding cannot satisfy the criteria established is H(1) As-Of-Right, then the Board may allow the demolition and rebuilding by Special Permit provided the Board finds that: 4. The proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building. All proposed setbacks will conform to the Ordinance. 5. The proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The proposed lot coverage is 11.3% which does not exceed the threshold. 6. The floor area ratio shall not exceed 0.30 or 30% the existing floor area ratio of the structure being demolished, whichever is greater. The existing FAR is 3.4% and the proposed FAR is 13.4%, which does not exceed the threshold. 7. The building height, in feet, shall not exceed 30 feet to the highest plate and shall contain no more than 2 ½ stories. The proposed height for the proposed dwelling is 18 feet 2 inches. The Board is also asked to find that: 8. The proposed new dwelling would not be substantially more detrimental to the neighborhood than the existing dwelling. Suggested Conditions Should the Board find to grant Special Permit No. 2025-015, it may wish to consider the following conditions: 1. Special Permit No. 2025-015 is granted to Bruce W. Kelly and Lisa Mycock Kelly pursuant to Section 240-91 H (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots to allow the demolition of the existing dwelling and construction of a dwelling on a nonconforming lot. The prior lot was subdivided and as such, a special permit is required where the construction would otherwise be allowed as of right. The proposed dwelling will comply with required setbacks, lot coverage will be 11.3%, floor area ratio will be 13.4%. The subject property is located at 34 Lake Street, Cotuit, MA 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan Proposed Improvements at 34 Lake Street Barnstable (Cotuit) Mass” by Sullivan Engineering & Consulting, Inc, dated May 15, 2025. 3. The total lot coverage of all structures on the lot shall not exceed 11.3% where the maximum is 20%, and the floor-area ratio shall not exceed 13.4% where the maximum is 30%. 4. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the dwelling or construction of accessory structures is prohibited without prior approval from the Board. 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-015 - Kelly 4 6. 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 David Lawler) Attachments: Application Site Plan Building plans