HomeMy WebLinkAboutSR-2025-023 Ferguson 214 Annable Point Rd CENT demo rebuild NC Lot SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2025-023 – Ferguson
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: August 26, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Ferguson
Property Address: 214 Annable Point Road, Centerville, MA
Assessor's Map/Parcel: 211/009
Zoning: Residence D-1 (RD-1)
Filed: August 14, 2025 Hearing: September 10, 2025 Decision Due: December 9, 2025
Copy of Public Notice
Hugh S. and Katherine B. Ferguson as Trustees of the Ferguson Family Trust have applied for a
Special Permit pursuant to Section 240-91 H (3) Developed Lot Protection; Demolition and
Rebuilding on Nonconforming Lots. The Applicants propose to demolish and rebuild a 3-bedroom,
single-family dwelling on a lot containing 6,705 square feet, less than the minimum 10,000 square
feet. The proposed new dwelling, patio, deck, and porch are almost entirely within the existing
footprint. The existing nonconforming 4.1-foot side yard setback would remain. The proposed new
dwelling meets the height, lot coverage, and gross floor area requirements of the ordinance. The
subject property is located at 214 Annable Point Road, Centerville, MA as shown on Assessor’s Map
211 as Parcel 009. It is located in the Residence D-1 (RD-1) Zoning District.
Background
Hugh S. and Katherine B. Ferguson as Trustees of the Ferguson Family Trust have applied for a
Special Permit pursuant to Section 240-91 H (3) Developed Lot Protection; Demolition and
Rebuilding on Nonconforming Lots. The Applicants propose to demolish and rebuild a 3-bedroom,
single-family dwelling on a lot containing 6,705 square feet, less than the minimum 10,000 square
feet. The proposed new dwelling, patio, deck, and porch are almost entirely within the existing
footprint. The existing nonconforming 4.1-foot side yard setback would remain. The proposed new
dwelling meets the height, lot coverage, and gross floor area requirements of the ordinance. The
subject property is located at 214 Annable Point Road, Centerville, MA.
The subject lot is 0.18 acres and developed with a single-family dwelling with 3-bedrooms, 870
square feet of living area (2,331 gross) and constructed in 1935. The lot appears to have no legal
frontage or access and overlooks Wequaquet Lake. The area consists of small 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:
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2025-023 – Ferguson
2
(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.
(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
Hugh S. and Katherine B. Ferguson as Trustees of the Ferguson Family Trust have applied for a
Special Permit pursuant to Section 240-91 H (3) Developed Lot Protection; Demolition and
Rebuilding on Nonconforming Lots. The Applicants propose to demolish and rebuild a 3-bedroom,
single-family dwelling on a lot containing 6,705 square feet, less than the minimum 10,000 square
feet. The proposed new dwelling, patio, deck, and porch are almost entirely within the existing
footprint. The existing nonconforming 4.1-foot side yard setback would remain. The proposed new
dwelling meets the height, lot coverage, and gross floor area requirements of the ordinance. The
subject property is located at 214 Annable Point Road, Centerville, MA.
The existing dwelling has no front yard setback where 30 feet is required, the side yard setback of
4.1 ft where 10 feet is required, and no rear yard setback where 10 feet is required. The existing lot
coverage is 1.515 square feet (22.6%). The existing Floor Area is 885 square feet (13.2%).
The proposed dwelling has no front yard setback where 30 feet is required, the side yard setback of
4.1 feet where 10 feet is required, and no rear yard setback where 10 feet is required. The
proposed lot coverage is 1,515 square feet or 22.6% where 20% is maximum, and the proposed
Floor Area Ratio is 1,635 square feet or 24.4% 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: 22.6% (20% maximum) – 1,515 square feet (1,341 square feet allowed)
• Floor-Area Ratio: 24.4% (30% maximum) – 1,635 square feet (2,011 square feet allowed)
• Building Height: 17.1 feet (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.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2025-023 – Ferguson
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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.
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. The proposed setbacks will be equal to existing setbacks.
5. The proposed lot coverage shall not exceed 20% or the existing lot coverage,
whichever is greater. The proposed lot coverage is 22.6% which is same as existing.
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 13.2% and the
proposed FAR is 24.4%, 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 17.1
feet.
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. 2025-023, it may wish to consider the following
conditions:
1. Special Permit No. 2025-023 is granted to Hugh S. and Katherine B. Ferguson as Trustees of
the Ferguson Family Trust pursuant to Section 240-91 H. (3) Developed Lot Protection;
Demolition and Rebuilding on Nonconforming Lots to demolish and rebuild a 3-bedroom,
single-family dwelling on a lot containing 6,705 square feet, less than the minimum 10,000
square feet. The proposed new dwelling, patio, deck, and porch are almost entirely within the
existing footprint. The existing nonconforming 4.1-foot side yard setback would remain. The
proposed new dwelling meets the height, lot coverage, and gross floor area requirements of
the ordinance. The subject property is located at 214 Annable Point Road, Centerville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan Proposed Improvements at 214 Annable Point Road Barnstable (Centerville) Mass”
by Sullivan Engineering & Consulting, Inc., dated July 20, 2025 with a revision date of August
8, 2025.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2025-023 – Ferguson
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3. The total lot coverage of all structures on the lot shall not exceed 22.6% where the maximum is
20%, and the floor-area ratio shall not exceed 24.4% 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.
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 Patrick Nickerson)
Attachments: Application
Site Plan
Building plans