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Home My WebLink AboutSR-2025-020 Coxall 265 Sea View Ave OST demo rebuild NC Lot SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2025-020 – Coxall 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: July 10, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicants: Harold C. Coxall, Jr., Trustee of the Harold C. Coxall Jr. Trust Property Address: 265 Sea View Avenue, Osterville, MA Assessor's Map/Parcel: 138/020 Zoning: Residence F-1 (RF-1) Filed: June 24, 2025 Hearing: July 23, 2025 Decision Due: October 2, 2025 Copy of Public Notice Harold C. Coxall, Jr., Trustee of the Harold C. Coxall, Jr. Trust has applied for a Special Permit pursuant to Section 240-91 H. (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicant is seeking to demolish and rebuild the dwelling in accordance with the plans prepared by Cape & Islands Engineering, Inc. and Robert H. Williamson Architect. Relief is requested because the existing front yard setback is 16.8 feet and the proposed front yard setback is 21.7 feet to the foundation, 19.7 feet to the overhang, where 30 feet is required. The subject property is located at 265 Sea View Ave, Osterville, MA as shown on Assessor’s Map 138 as Parcel 020. It is located in the Residence F-1 (RF-1) Zoning District. Background Harold C. Coxall, Jr., Trustee of the Harold C. Coxall, Jr. Trust has applied for a Special Permit pursuant to Section 240-91 H. (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicant is seeking to demolish and rebuild the dwelling in accordance with the plans prepared by Cape & Islands Engineering, Inc. and Robert H. Williamson Architect. Relief is requested because the existing front yard setback is 16.8 feet and the proposed front yard setback is 21.7 feet to the foundation, 19.7 feet to the overhang, where 30 feet is required. The subject property is located at 265 Sea View Ave, Osterville, MA. The subject lot is 0.91 acres and developed with a single-family dwelling with 7-bedrooms, 4,028 square feet of living area (6,257 gross) and constructed in 1890. The lot has frontage on Sea View Ave and overlooks Nantucket Sound. 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. 2025-020 - Coxall 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 Harold C. Coxall, Jr., Trustee of the Harold C. Coxall, Jr. Trust has applied for a Special Permit pursuant to Section 240-91 H. (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicant is seeking to demolish and rebuild the dwelling in accordance with the plans prepared by Cape & Islands Engineering, Inc. and Robert H. Williamson Architect. Relief is requested because the existing front yard setback is 16.8 feet and the proposed front yard setback is 21.7 feet to the foundation, 19.7 feet to the overhang, where 30 feet is required. The subject property is located at 265 Sea View Ave, Osterville, MA. The existing dwelling has a front setback of 16.8 feet where 30 feet is required, side yard setback of 13.0 ft (easterly) and 114.6 feet (westerly) where 15 feet is required, and the rear yard setback is 29 feet to the Coastal Bank where 15 feet is required. The existing lot coverage is 4,347 square feet (11.9%). The existing Floor Area is 4,597 square feet (12.5%). The proposed dwelling’s front yard setback is 21.7 feet where 30 feet is required, the westerly setback is 20.2 feet, southerly setback is 30 feet to the Coastal Bank, and the easterly setback is 18.3 feet where 15 feet is required. The proposed lot coverage is 5,656 square feet or 15.5% where 20% is maximum, and the proposed Floor Area Ratio is 5,861 square feet or 16% 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: 15.5% (20% maximum) – 5,656 square feet (7,317 square feet allowed) • Floor-Area Ratio: 16% (30% maximum) – 5,861 square feet (10,975 square feet allowed) • Building Height: 22 feet 6 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. 2025-020 - Coxall 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 15.5% 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 12.5% and the proposed FAR is 16%, 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 22 feet 6 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. 2025-020, it may wish to consider the following conditions: 1. Special Permit No. 2025-020 is granted to Harold C. Coxall, Jr., Trustee of the Harold C. Coxall, Jr. Trust pursuant to Section 240-91 H. (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots to demolish and rebuild the dwelling in accordance with the plans prepared by Cape & Islands Engineering, Inc. and Robert H. Williamson Architect. Relief is requested because the existing front yard setback is 16.8 feet and the proposed front yard setback is 21.7 feet to the foundation, 19.7 feet to the overhang, where 30 feet is required. The subject property is located at 265 Sea View Avenue, Osterville, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Proposed Site Plan” by Cape & Islands Engineering, dated May 27, 2025. 3. The total lot coverage of all structures on the lot shall not exceed 15.5% where the maximum is 20%, and the floor-area ratio shall not exceed 16% 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. 2025-020 - Coxall 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 Michael Schulz) Attachments: Application Site Plan Building plans