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Home My WebLink AboutSR-2025-027 Burt 326 Oakland Road, HY demo rebuild NC Lot SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2025-027 – Burt Section 240-91 H. (3) Developed Lot protection, demolition and rebuilding on nonconforming lots To allow the construction of a dwelling, after fire destroyed the existing dwelling, on a nonconforming lot Date: September 11, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Burt Property Address: 326 Oakland Road, HY, MA Assessor's Map/Parcel: 271/084 Zoning: Residence B (RB) Filed: August 27, 2025 Hearing: September 24, 2025 Decision Due: November 4, 2025 Copy of Public Notice Alan and Dawn Burt have applied for a Special Permit pursuant to Section 240-91 H. (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicants seek to rebuild on a lot where the prior home was destroyed by fire. The Applicant is seeking zoning relief due to nonconforming lot size. The subject property is located at 326 Oakland Road, Hyannis, MA as shown on the Assessor’s Map 271 as Parcel 084. It is located in the Residence B (RB) Zoning District. Background Alan and Dawn Burt have applied for a Special Permit pursuant to Section 240-91 H. (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicants seek to rebuild on a lot where the prior home was destroyed by fire. The Applicant is seeking zoning relief due to nonconforming lot size. The subject property is located at 326 Oakland Road, Hyannis, MA. The subject lot is 0.5 acres and had a dwelling destroyed by fire in 2024. The existing garage was not destroyed and will remain. The lot has frontage on Oakland Road and the area consists of similar sized lots and dwellings. 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. (c) The proposed new dwelling would not be substantially more detrimental to the neighborhood than the existing dwelling. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-027 – Burt 2 (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 Alan and Dawn Burt have applied for a Special Permit pursuant to Section 240-91 H. (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicants seek to rebuild on a lot where the prior home was destroyed by fire. The Applicant is seeking zoning relief due to nonconforming lot size. The subject property is located at 326 Oakland Road, Hyannis, MA as shown on the Assessor’s Map 271 as Parcel 084. It is located in the Residence B (RB) Zoning District. The existing dwelling front yard setback is 37.3 feet where 20 feet is required, the side yard setback of 48.6 feet/104.4 feet where 10 feet is required, and rear yard setback of 37.2 feet where 10 feet is required. The existing lot coverage is 893.6 square feet (3.6%). The existing Floor Area Ratio is n/a. The proposed dwelling front yard setback is 20.5 feet where 20 feet is required, the side yard setback of 13.2 feet/123.9 feet where 10 feet is required, and rear yard setback of 39.2 feet where 10 feet is required. The proposed lot coverage is 2,336 square feet or 9.9% where 20% is maximum, and the proposed Floor Area Ratio is 2,336 square feet or 8.10% 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: 9.9% (20% maximum) – 2.336 square feet (3,788 square feet allowed) • Floor-Area Ratio: 8.10% (30% maximum) – 2,336 square feet (5,682 square feet allowed) • Building Height: 15 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. 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-027 – Burt 3 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 comply with required setbacks. 5. The proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The proposed lot coverage is 9.9%, less than maximum. 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 n/a and the proposed FAR is 8.10%, 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 15 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. 2025-027, it may wish to consider the following conditions: 1. Special Permit No. 2025-027 is granted to Alan and Dawn Burt, pursuant to Section 240-91 H. (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots, to rebuild on a nonconforming lot where the prior home was destroyed by fire at 326 Oakland Road, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan showing a proposed dwelling #326 Oakland Road Barnstable, Massachusetts” by Canal Land Surveying and Permitting, Inc dated August 21, 2025. 3. The total lot coverage of all structures on the lot shall not exceed 9.9% where the maximum is 20%, and the floor-area ratio shall not exceed 8.10% 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 Shane Hoctor) Attachments: Application Plans