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Home My WebLink AboutSR-2025-021 64 Vine Ave CENT DCPC SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2025-021 – Quirk Section 240-131.5 Dimensional bulk and other requirements ,Craigville Beach District, Craigville Village Demolition and construction of a new dwelling on nonconforming footprint Date: August 14, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Robert P. Quirk Property Address: 64 Vine Avenue, Centerville, MA Assessor's Map/Parcel: 226/037 Zoning: Craigville Beach District (CBD) and Craigville Village (CBDCV) Neighborhood Overlay Zoning District Filed: July 17, 2025 Hearing: August 27, 2025 Decision Due: October 25, 2025 Copy of Public Notice Robert F. Quirk has applied for a Special Permit pursuant to Section 240-131.5 Dimensional, Bulk, and Other Requirements in the District of Critical Planning Concern. The Applicant is seeking to demolish the existing dwelling and build a new dwelling on the existing nonconforming footprint. The proposed front yard setback is 13.4 feet where 15 feet is required. The subject property is located at 64 Vine Ave, Centerville, MA as shown on Assessor’s Map 226 as Parcel 037. It is located in the Craigville Beach District (CBD) and the Craigville Village (CV) Neighborhood Overlay Zoning District. Background The subject property consists of .11 acres and is located on Vine Avenue and Ocean Avenue, Centerville. The area is single family residential with undersized lots and small dwelling sizes. According to the Assessors records, the lot is currently developed with one single family dwelling containing 4-bedrooms, 1,040 square feet of living area (1,758 gross), and constructed in 1930. The property is within the Craigville Beach District, an area designated by the Cape Cod Commission as a District of Critical Planning Concern. The Craigville Beach DCPC was initiated by village residents concerned with the changing character of the area and adverse impacts to the Centerville River. The DCPC addresses issues related to natural and ecological resources; cultural, historic and architectural resources; natural hazards; wastewater management; and waterfront management. The regulations contained in Section 240-131 are the adopted DCPC implementing regulations. These implementing regulations are the means by which all development is regulated within the district; grandfathering provisions and/or nonconforming rights conferred by M.G.L. Chapter 40A do not apply within the Craigville Beach District. Proposal & Relief Requested Robert F. Quirk has applied for a Special Permit pursuant to Section 240-131.5 Dimensional, Bulk, and Other Requirements in the District of Critical Planning Concern. The Applicant is seeking to demolish the existing dwelling and build a new dwelling on the existing nonconforming footprint. The proposed front yard setback is 13.4 feet where 15 feet is required. The subject property is located at 64 Vine Ave, Centerville, MA. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-021 – Quirk 2 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. Staff has outlined all of the findings required by the DCPC ordinance. 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit: Section 240-131.4(D)(2)(a) and 240-131.4 (E) allows for demolishing and rebuilding of lawfully existing structures with a Special Permit from the Board. 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. Further, §240-131.4 of the Craigville Beach DCPC ordinance states that in granting a special permit, the Board shall find that: 3. The proposed alteration/expansions are not substantially more detrimental to the environment, community and/or historic character of the neighborhood than the existing building or structure. Comply with § 240-131.1, Purposes and intent: The purpose and intent of §240-131 through 240-131.8 are to guide development in the Craigville Beach District pursuant to the Guidelines of Barnstable County Ordinance 09-10 to ensure that development and redevelopment meets the following standards: 4. Contributes to and respects the character and historic development patterns of the area and minimizes inconsistent development and redevelopment impacts to the historic and community character resources in this area. 5. Protects and preserves scenic views and vistas and ways to the water. 6. Protects and improves natural resources, including but not limited to the barrier beach and groundwater and coastal water quality and minimizes development and redevelopment impacts to the natural resources and ecosystems in this district. 7. Protects human life and property from the hazards of periodic flooding; 8. Preserves the natural flood control characteristics and the flood control function of the floodplain; Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-021 – Quirk 3 9. Preserves and maintains the groundwater table and water recharge areas within the floodplain. As the entire complex of coastal wetland resources moves landward due to relative sea level rise, the Craigville Beach area's coastal floodplains immediately landward of salt marshes, coastal beaches, barrier beaches, coastal dunes, and coastal banks require special protection. and with the general performance standards and design guidelines for the neighborhood overlay area in which the development is located, in accordance with § 240-131.7, Neighborhood District Overlay regulations: 10. The development complies with the setbacks and lot coverage requirements set forth herein, and is in character with surrounding structures, particularly structures that predate it. Relief is being requested for demolishing and rebuilding of the structure in accordance with § 240-131.4 demolition and rebuilding with maintaining nonconforming setback. 11. The redevelopment complies with the height limitations set forth herein. Suggested Conditions Should the Board find to grant the Special Permit No. 2025-021, it may wish to consider the following conditions: 1. Special Permit No. 2025-021 is granted to Robert F. Quirk pursuant to Section 240-131.5 Dimensional, Bulk, and Other Requirements in the District of Critical Planning Concern to demolish the existing dwelling and build a new dwelling on the existing nonconforming footprint. The proposed front yard setback is 13.4 feet where 15 feet is required. The subject property is located at 64 Vine Ave, Centerville, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan #64 Vine Avenue Centerville, MA” by Down Cape Engineering, Inc dated February 3, 2025. 3. The proposed development shall represent full build-out of the lot. Any expansion of the dwelling or construction of additional accessory structures is prohibited without prior 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. The 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 the issuance of a building permit. The rights authorized by this special permit must be exercised within two years, unless extended. Copies: Applicant Attachments: Application Plans