HomeMy WebLinkAboutAtt Nickerson Memo1
MEMORANDUM
TO: Zoning Board of Appeals
FROM: Patrick R. Nickerson, Esq.
APPEAL NO.: 2025-065
HEARING DATE: October 22, 2025
APPLICANTS: Jack D. Lippart and Dale Lippart
PROPERTY: 51 Hawes Avenue, Hyannis, MA 02601
ASSESSOR’S MAP: Map 323, Parcel 005
LOT SIZE: 6,500 Sq. Ft. ±
ZONING DISTRICT: Residence B (“RB”) District
GROUNDWATER
OVERLAY
DISTRICT: AP - Aquifer Protection Overlay District
FLOOD ZONE: VE
RELIEF REQUESTED: Applicants are seeking a Special Permit pursuant to Section
240-92 (B) – Alteration or Expansion of a Pre-existing -
Non-Conforming Building or Structure used as a Single-
Family Residence
2
BACKGROUND
The subject property is located at 51 Hawes Avenue, Hyannis, Massachusetts (“Locus”).
It is shown on the Town of Barnstable Assessor’s Map 323 as Parcel 005. A copy of the
Assessor’s Map showing the property is attached hereto as Exhibit A for your reference.
Photos of the existing dwelling are attached hereto as Exhibit B.
The Applicants, Jack D. Lippart and Dale Lippart acquired title to Locus by a deed dated
March 27, 2014, and recorded on April 1, 2014, in Book 28063, Page 131 with the
Barnstable County Registry of Deeds. A copy of the Deed is attached hereto as Exhibit C
for your review.
Neither Locus nor the existing dwelling meets the current zoning requirements of the RB
District. Locus consists of 6,500 square feet, where 43,560 square feet is required. The
existing dwelling has a 7.2-foot front yard setback on Hawes Avenue and a 17.6-foot front
yard setback on Whidden Avenue, where 20-foot setbacks are required. The dwelling also
has a 7.2-foot side-yard setback, where a 10-foot side yard setback is required.
The Applicants are requesting a Special Permit pursuant to Section 240-92(B) of the
Zoning Ordinance to allow them to raise (lift) and reposition the existing 3-bedroom single-
family residential dwelling and construct a one-and-a-half (1 ½) story addition on top of
the existing dwelling. The renovated and expanded dwelling would be constructed on
concrete piers and consist of two and one-half (2 ½) stories, having 5 bedrooms, across
5,473 sq. ft. of Gross Floor Area. The proposed alterations would better fit their family's
needs and enhance their enjoyment of their property, and the resulting structure would
comply with current FEMA and building code requirements.
The proposed physical alterations or expansions encroach into the twenty (20) foot
setbacks on Hawes Avenue and Whidden Avenue, triggering the need for a Special Permit
under Section 240-92 of the Zoning Ordinance.
The Applicants’ proposed redevelopment has received the approval of the Conservation
Commission and Historical Commission
ZONING BACKGROUND
The subject property was created by a plan dated July 1, 1896, recorded in the Barnstable
Registry of Deeds in Plan Book 9, Page 103, which predates the Zoning Ordinance of the
Town of Barnstable. See Exhibit D. According to the Assessor’s records, the existing
dwelling was constructed in 1940. A historical aerial photo of the property in 1951/1952 is
attached hereto as Exhibit E for your review.
Based upon research of the Town of Barnstable Zoning Ordinance, in 1956, Locus was
zoned RA-1, requiring a minimum lot size of 7,500 square feet and requiring a front setback
of twenty (20) feet and side and rear setbacks of seven and one-half (7 ½) feet. The zoning
change in 1956 rendered the lot nonconforming as it was not then in compliance with the
3
minimum area requirement of the RA-1 District, and the dwelling was rendered
nonconforming as it was not in compliance with the front and side yard setbacks.
In 1970, Locus was rezoned RB with a 10,000 square foot minimum lot size, a twenty-foot
front yard setback, and ten-foot side yard and rear yard setbacks. In 1985, the minimum lot
size was increased to 1 acre. The 1970 and 1985 zoning changes made Locus and the
existing dwelling more nonconforming.
Section 240-92 of the Ordinance provides:
A preexisting nonconforming building or structure that is used as a single- or two-
family residence may be physically altered or expanded only as follows:
A. As of right. If the Building Commissioner finds that:
(1) The proposed physical alteration or expansion does not in any
way encroach into the setbacks in effect at the time of
construction, provided that encroachments into a ten-foot rear or
side yard setback and twenty-foot front yard setback shall be
deemed to create an intensification requiring a special permit
under Subsection B below; and
(2) The proposed alteration or expansion conforms to the current
height limitations of this chapter.
B. By special permit. If the proposed alteration or expansion cannot satisfy
the criteria established in Subsection A above, the Zoning Board of Appeals
may allow the expansion by special permit, provided that the proposed
alteration or expansion will not be substantially more detrimental to the
neighborhood than the existing building or structure.
Since the proposed alteration and expansion will encroach into the twenty (20) foot front
yard setbacks on Hawes Avenue and Whidden Avenue, a Special Permit must be obtained
pursuant to 240-92(B).
This Board is authorized to grant a Special Permit pursuant to 240-92 (B), provided it finds
that the proposed alteration or expansion “will not be substantially more detrimental to the
neighborhood than the existing building or structure.”
ARGUMENT
The Applicants' proposed renovations will modify their new home to better fit their family's
needs and to enhance their enjoyment of the property. The renovations will greatly
improve the aesthetics of the property, and the renovated dwelling will meet current FEMA
and building code requirements. Although the proposed renovation includes a significant
increase in gross floor area (2,081 sq. feet to 5,473 sq. ft.) and two additional bedrooms,
4
there is an overall net reduction in lot coverage from 35.2% to 33.7%. The proposed
changes are in keeping with the evolving neighborhood. See Exhibits F and G.
The reduction of the front setback on Whidden Avenue from 17.6 feet to 15 feet may
initially give the board some consternation. But this increase in nonconformity is permitted
by Section 240-92(B) of the Ordinance, provided this Board finds the proposed alteration
and expansion will not be substantially more detrimental to the neighborhood than the
existing building or structure. A close review of the project reveals that this increase in
nonconforming setback on Whidden Ave will have little to no impact on the abutting
properties. Photos of the neighborhood are attached hereto as Exhibit H. The increase in
nonconforming setback on Whidden Avenue (-2.6 feet) is greatly outweighed by the
improvements to the nonconforming front setback on Hawes Avenue (7.2 feet to 12.0 feet
(+4.8 feet)) and side yard setback (7.2 feet to 10.4 feet (+3.2 feet)). This portion of Whidden
Ave (south of Hawes Ave) is a private way. See Exhibit I. If the Applicant’s proposal is
approved, all nonconforming setbacks will experience net improvement of 5.4 feet,
resulting in a structure that has a conforming side yard setback and that is overall less
nonconforming than the existing structure.
The Board is in receipt of favorable public comment from the owners of 31 Hawes Avenue
and 32 Hawes Avenue, indicating the existence of neighborhood support for the project.
CONCLUSION
In summary, the proposed project will improve the aesthetics of the Locus; add value to
the property, thereby benefiting the neighborhood; and have an insubstantial effect on the
evolving neighborhood. The property is currently used as a single-family residence, and
the use will remain a single-family residence. The finished project will result in a net
improvement of all nonconforming setbacks, be an overall benefit to the neighborhood,
comply with current building code and FEMA requirements, and will not be “substantially
more detrimental. . . than the existing building or structure.”
We respectfully request that you vote in favor of granting the Applicants’ request for a
special permit to allow them to make the proposed renovations per the plans submitted
with their application for relief.
Respectfully submitted,
__________________________
Patrick R. Nickerson
Law Office of John W. Kenney
Attorney for Jack and Dale Lippart
1550 Falmouth Road, Suite 12
Centerville, MA 02632
508-771-9300
patrick@jwkesq.com